Tag Archives: 14th Amendment
Dobbs Sentences #33: Part II A 2
Paragraph 7 of 9 Sentence 2 of 4 The next sentence is simple, but can’t really be assessed on its own merits: “’Liberty’ is a capacious term.” Cool. I suppose I could spend some time thinking about this, but let’s see what the Dobbs Court does with it first. For now this claim is undetermined:
Dobbs Sentences #32: Part II A 2
Paragraph 7 of 9 Sentence 1 of 4 The next sentence is three claims: “Historical inquiries of this nature are essential whenever we are asked to recognize a new component of the ‘liberty’ protected by the Due Process Clause because the term “liberty” alone provides little guidance.” Here they are separated: I’ve reversed the order […]
Dobbs Sentences #30: Part II A 2
Paragraph 6 of 9 Sentence 1 of 2 The first sentence of the next paragraph contains two claims: “Timbs and McDonald concerned the question whether the Fourteenth Amendment protects rights that are expressly set out in the Bill of Rights, and it would be anomalous if similar historical support were not required when a putative […]
Dobbs Sentences #29: Part II A 2
Paragraph 5 of 9 Sentence 3 of 3 The next sentence is also a single claim, and it’s presented a little dramatically: “Only then did the opinion conclude that “the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered […]
Dobbs Sentences #28: Part II A 2
Paragraph 5 of 9 Sentence 2 of 3 The next sentence is packed with references: “The lead opinion surveyed the origins of the Second Amendment, the debates in Congress about the adoption of the Fourteenth Amendment, the state constitutions in effect when that Amendment was ratified (at least 22 of the 37 States protected the […]
Dobbs Sentences #23: Part II A 2
Paragraph 3 of 9 Sentence 1 of 2 This first sentence in the third paragraph of this section comes with a boatload of citations: “In deciding whether a right falls into either of these categories, the Court has long asked whether the right is “deeply rooted in [our] history and tradition” and whether it is […]
Dobbs Sentences #20: Part II A 2
Paragraph 2 of 9 Sentences 1 of 3 The first sentence in this paragraph is framing the discussion. It’s technically a claim, but its role is support: ”The first consists of rights guaranteed by the first eight Amendments.” It’s simple. No citations or references or footnotes. The truth of this claim will be established by […]
Dobbs Sentences #18: Part II A 2
Paragraph 1 of 9 Sentence 1 of 2 Even though we’re beginning a new section, this paragraph flows so completely from the last paragraph of the previous section that a reader who takes a break between sections might have to reverse gears a moment to make sense of this first sentence in Part II Section […]
Dobbs Sentences #9: Part II A 1
Paragraph 3 of 5 Sentence 4 of 6 This feels like it’s covering the same ground as previous sentences, but it probably isn’t, which can just serve as a reminder to me about how little I really know about legal theory. Here’s the sentence: “And a third path was that the First, Fourth, and Fifth […]
Cynical Jason 