Tag Archives: Claims
Dobbs Sentences #174: Part II D 1
Paragraph 3 of 3 Sentence 5 of 5 Just one claim in this sentence: “The dissent cannot establish that a right to abortion has ever been part of this Nation’s tradition.” If this sentence said “has not established,” it would pretty obviously be true, because not only has the dissent not established that, they haven’t […]
Dobbs Sentences #173: Part II D 1
Paragraph 3 of 3 Sentence 4 of 5 This sentence is two claims: “And today, another half century later, more than half of the States have asked us to overrule Roe and Casey.” The claims: Once we’ve determined whether it is established that the states’ interest in protecting the fetus at all stages translates to […]
Dobbs Sentences #172: Part II D 1
Paragraph 3 of 3 Sentence 3 of 5 I see three claims in this sentence: “As explained, for more than a century after 1868—including ‘another half-century’ after women gained the constitutional right to vote in 1920, see post, at 15; Amdt. 19—it was firmly established that laws prohibiting abortion like the Texas law at issue […]
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 #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 […]
Cynical Jason 