Tag Archives: Claims
Dobbs Sentences #204: Part III
Paragraph 1 of 8 Sentence 4 of 8 I count two claims in this sentence: “It ‘reduces incentives for challenging settled precedents, saving parties and courts the expense of endless relitigation.’ Kimble, 576 U.S., at 455.” The claims: Another partial definition of stare decisis. The citation in Kimble first references Payne before delivering the relevant […]
Dobbs Sentences #203: Part III
Paragraph 1 of 8 Sentence 3 of 8 Just one claim in this sentence: “It protects the interests of those who have taken action in reliance on a past decision. See Casey, 505 U.S., at 856 (joint opinion); see also Payne v. Tennessee, 501 U.S. 808, 828 (1991).” Here’s the claim without the citations: This […]
Dobbs Sentences #202: Part III
Paragraph 1 of 8 Sentence 2 of 8 This sentence contains three claims: “Stare decisis plays an important role in our case law, and we have explained that it serves many valuable ends.” The claims: I have no trouble believing that all three of these are true, but we’ll see what follows to support them. […]
Dobbs Sentences #201: Part III
Paragraph 1 of 8 Sentence 1 of 8 The first section of Part III isn’t indicated by a letter, and I’m guessing it serves as an introduction. The topic of Part III is stare decisis, which addresses the concerns of Jackson Women’s Health Organization and the dissenters more directly than Part II’s history and tradition […]
Dobbs Sentences #200: The End of Part II D 3
Paragraph 3 of 3 Sentence 4 of 4 To close out Part II we get a sentence with a single claim: “Nothing in the Constitution or in our Nation’s legal traditions authorizes the Court to adopt that ‘“theory of life.”’ Post, at 8.” And here’s the cited passage in the dissent: “Some half-century ago, Roe […]
Dobbs Sentences #199: Part II D 3
Paragraph 3 of 3 Sentence 3 of 4 Two claims in this sentence: “According to the dissent, the Constitution requires the States to regard a fetus as lacking even the most basic human right—to live—at least until an arbitrary point in a pregnancy has passed.” The claims: The first claim, again, requires a more thorough […]
Dobbs Sentences #198: Part II D 3
Paragraph 3 of 3 Sentence 2 of 4 Two claims in this sentence: “The dissent, by contrast, would impose on the people a particular theory about when the rights of personhood begin.” The claims: Both of these will rely on a complete reading of the dissent, so they will have to remain undetermined:
Dobbs Sentences #197: Part II D 3
Paragraph 3 of 3 Sentence 1 of 4 One claim in this sentence, and it’s a doozy: “Our opinion is not based on any view about if and when prenatal life is entitled to any of the rights enjoyed after birth.” This could be true depending on the reading of “is not based on,” but […]
Dobbs Sentences #196: Part II D 3
Paragraph 2 of 3 Sentence 8 of 8 This sentence contains just one claim: “Nor does it identify any other point in a pregnancy after which a State is permitted to prohibit the destruction of a fetus.” I’ll reword that so it can stand alone: I think the “it” of this sentence means to indicate […]
Dobbs Sentences #195: Part II D 3
Paragraph 2 of 3 Sentence 7 of 8 This sentence contains two claims: “It was not adequately justified in Roe, and the dissent does not even try to defend it today.” The claims: Both of these claims assert negatives, and both would require thorough readings of the respective sources, so they have to remain undetermined […]
Cynical Jason 