Category Uncategorized
Dobbs Sentences #170: Part II D 1
Paragraph 3 of 3 Sentence 1 of 5 This sentence is a single claim: “The dissent attempts to obscure this failure by misrepresenting our application of Glucksberg.” This is an awfully bitchy sentence for SCOTUS, isn’t it? It assigns “failure” to an action never attempted, for one thing. And an accusation of misrepresentation—that’s fun. Let’s […]
Dobbs Sentences #169: Part II D 1
Paragraph 2 of 3 Sentence 3 of 3 This sentence has four claims: “But despite the dissent’s professed fidelity to stare decisis, it fails to seriously engage with that important precedent—which it cannot possibly satisfy.” The claims: The first of these claims is true, expressed in the first section of the dissent: “One piece of […]
Dobbs Sentences #168: Part II D 1
Paragraph 2 of 3 Sentence 2 of 3 The next sentence is a single claim that merits close examination: “We have held that the ‘established method of substantive-due-process analysis’ requires that an unenumerated right be ‘“deeply rooted in this Nation’s history and tradition”’ before it can be recognized as a component of the ‘liberty’ protected […]
Dobbs Sentences #167: Part II D 1
Paragraph 2 of 3 Sentence 1 of 3 There’s one claim in the sentence opening the next paragraph: “The dissent’s failure to engage with this long tradition is devastating to its position.” We’ll have to see how this is supported, so it will start out undetermined, but it’s worth noting the emphasis the Dobbs Court […]
Dobbs Sentences #166: Part II D 1
Paragraph 1 of 3 Sentence 3 of 3 This sentence packs in a lot of low-impact claims: “Nor does the dissent dispute the fact that abortion was illegal at common law at least after quickening; that the 19th century saw a trend toward criminalization of pre-quickening abortions; that by 1868, a supermajority of States (at […]
Dobbs Sentences #165: Part II D 1
Paragraph 1 of 3 Sentence 2 of 3 The next sentence has one tripartite claim: “The dissent does not identify any pre-Roe authority that supports such a right—no state constitutional provision or statute, no federal or state judicial precedent, not even a scholarly treatise. Compare post, at 12–14, n. 2, with supra, at 15–16, and […]
Dobbs Sentences #164: Part II D 1
Paragraph 1 of 3 Sentence 1 of 3 Part D opens with a single claim: “The dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a ‘“deeply rooted”’ one, ‘“in this Nation’s history and tradition.”’ Glucksberg, 521 U.S., at 721; see post, at 12–14 (joint […]
Dobbs Sentences #163: Part II C 2
Paragraph 4 of 4 Sentence 2 of 2 This section closes with a sentence containing two claims: “They have failed to make that showing, and we thus return the power to weigh those arguments to the people and their elected representatives.” The claims: The first claim: I don’t know that this has been established even […]
Dobbs Sentences #162: Part II C 2
Paragraph 4 of 4 Sentence 1 of 2 This sentence contains two claims: “Both sides make important policy arguments, but supporters of Roe and Casey must show that this Court has the authority to weigh those arguments and decide how abortion may be regulated in the States.” The claims: One at a time: Did they, […]
Dobbs Sentences #161: Part II C 2
Paragraph 3 of 4 Sentence 3 of 3 This paragraph ends with a sentence that contains two claims: “They also claim that many people now have a new appreciation of fetal life and that when prospective parents who want to have a child view a sonogram, they typically have no doubt that what they see […]
Cynical Jason 