Tag Archives: 19th Century
Dobbs History and Tradition #1
I found a number of interesting claims in a Washington Post article written in May of 2022 by Gillian Brockell. She addresses some of the historical material the Dobbs majority discusses in the decision. About Matthew Hale: “At least seven times, Alito cited Sir Matthew Hale, a 17th-century jurist who didn’t think marital rape was […]
Dobbs Sentences #171: Part II D 1
Paragraph 3 of 3 Sentence 2 of 5 This sentence has two claims: “The dissent suggests that we have focused only on ‘the legal status of abortion in the 19th century,’ post, at 26, but our review of this Nation’s tradition extends well past that period.” The claims: As for the first claim, here is […]
Dobbs Sentences #129: Part II B 3
Paragraph 10 of 11 Sentence 2 of 2 On claim and a fistful of sources with this sentence: “Many judicial decisions from the late 19th and early 20th centuries made that point. See, e.g., Nash v. Meyer, 54 Idaho 283, 301, 31 P. 2d 273, 280 (1934); State v. Ausplund, 86 Ore. 121, 131–132, 167 […]
Dobbs Sentences #127: Part II B 3
Paragraph 9 of 11 Sentence 3 of 3 This sentence is a single claim couched in a rhetorical question: “Are we to believe that the hundreds of lawmakers whose votes were needed to enact these laws were motivated by hostility to Catholics and women?” The claim: It is, of course, unlikely-bordering-on-impossible that one group of […]
Dobbs Sentences #126: Part II B 3
Paragraph 9 of 11 Sentence 2 of 3 The next sentence contains three claims: “Recall that at the time of the adoption of the Fourteenth Amendment, over three-quarters of the States had adopted statutes criminalizing abortion (usually at all stages of pregnancy), and that from the early 20th century until the day Roe was handed […]
Dobbs Sentences #125: Part II B 3
Paragraph 9 of 11 Sentence 1 of 3 I get four claims out of this sentence: “Here, the argument about legislative motive is not even based on statements by legislators, but on statements made by a few supporters of the new 19th-century abortion laws, and it is quite a leap to attribute these motives to […]
Dobbs Sentences #116: Part II B 3
Paragraph 6 of 11 Sentence 2 of 4 This sentence contains three claims: “But the insistence on quickening was not universal, see Mills v. Commonwealth, 13 Pa., at 633; State v. Slagle, 83 N.C. 630, 632 (1880), and regardless, the fact that many States in the late 18th and early 19th century did not criminalize […]
Dobbs Sentences #92: Part II B 2 c
Paragraph 5 of 6 Sentence 1 of 2 More of the same. “The trend in the Territories that would become the last 13 States was similar: All of them criminalized abortion at all stages of pregnancy between 1850 (the Kingdom of Hawaii) and 1919 (New Mexico). See Appendix B, infra; see also Casey, 505 U.S., […]
Dobbs Sentences #90: Part II B 2 c
Paragraph 4 of 6 Sentence 2 of 3 This sentence is similar to the last one: “By 1868, the year when the Fourteenth Amendment was ratified, three-quarters of the States, 28 out of 37, had enacted statutes making abortion a crime even if it was performed before quickening.34” One claim, and it doesn’t need isolating […]
Dobbs Sentences #89: Part II B 2 c
Paragraph 4 of 6 Sentence 1 of 3 Another sentence with a single claim: “In this country during the 19th century, the vast majority of the States enacted statutes criminalizing abortion at all stages of pregnancy. See Appendix A, infra (listing state statutory provisions in chronological order).33” The claim: If you’re interested, you should check […]
Cynical Jason 