Tag Archives: Claims

Dobbs Sentences #13: Part II A 1

Paragraph 4 of 5 Sentence 2 of 6 This sentence raises several points that will require support that isn’t immediately apparent. As the paragraph develops I’ll probably have to come back to revise what I’ve written here. That’s true of the whole decision generally, though. What is undetermined in the moment could very well be […]

Dobbs Sentences #12: Part II A 1

Paragraph 4 of 5 Sentence 1 of 6 The next paragraph addresses a side-issue, something not discussed in either Roe or Casey but introduced in amicus briefs for Dobbs: “We discuss this theory in depth below, but before doing so, we briefly address one additional constitutional provision that some of respondents’ amici have now offered […]

Dobbs Sentences #11: Part II A 1

Paragraph 3 of 5 Sentence 6 of 6 The snark of the last couple of sentences continues to the end of the paragraph. We’re still just establishing arguments made in the past—in this case in the Casey decision—and haven’t made a move toward deciding the case yet. Here’s the last sentence of this paragraph: “The […]

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 […]

Dobbs Sentences #8: Part II A 1

Paragraph 3 of 5 Sentence 3 of 6 The next sentence involves ideas that will take some investigation at some point. For now I’ll just make sure they are what they say they are. “Another was that the right was rooted in the First, Fourth, or Fifth Amendment, or in some combination of those provisions, […]

Dobbs Sentences #7: Part II A 1

Paragraph 3 of 5 Sentence 2 of 6 This sentence is a single claim, and it’s easy to check since it’s a direct quote from Roe and includes a citation: One possibility was that the right was “founded . . . in the Ninth Amendment’s reservation of rights to the people.” Id., at 153. And […]

Dobbs Sentences #6: Part II A 1

Paragraph 3 of 5 Sentence 1 of 6 The first sentence in the third paragraph of this portion of Dobbs is a thesis statement, and its support should come in the following sentences. In a way, though, it’s an expansion on the last sentence of the previous paragraph. Instead of enumerating the parts of the […]

Dobbs Sentences #5: Part II A 1

Paragraph 2 of 5 Sentence 3 of 3 To finish out this paragraph we have a third sentence that sticks pretty closely to the previous one. “And that privacy right, Roe observed, had been found to spring from no fewer than five different constitutional provisions—the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” Id., at 152. […]

Dobbs Sentences #4: Part II A 1

Paragraph 2 of 5 Sentence 2 of 3 Now we start actually engaging with Roe (read and download here). The point being made isn’t controversial, but it’s necessary to lay out the basics. The sentence reads: “It held that the abortion right, which is not mentioned in the Constitution, is part of a right to […]

Dobbs Sentences #3: Part II A 1

Paragraph 2 of 5 Sentence 1 of 3 There isn’t a good way to mark the next sentence as true or false, and there may never be. It is an assertion. It is a claim. It’s just not exactly verifiable or falsifiable. Here it is: “Roe, however, was remarkably loose in its treatment of the […]