Tag Archives: Dobbs v Jackson
Dobbs Sentences #128: Part II B 3
Paragraph 10 of 11 Sentence 1 of 2 One claim in this sentence: “There is ample evidence that the passage of these laws was instead spurred by a sincere belief that abortion kills a human being.” That’s a motive, too, right? Certainly held by some—maybe even most—but it would be irresponsible to ascribe it to […]
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 #124: Part II B 3
Paragraph 8 of 11 Sentence 4 and 5 of 5 I’m actually doing two sentences at a time here, because the Dobbs authors have broken what should be one sentence with an integrated quote into two separate sentences. Neither does anything on its own, though, so here they are together: “Even when an argument about […]
Dobbs Sentences #123: Part II B 3
Paragraph 8 of 11 Sentence 3 of 5 Just one claim in this sentence: “The Court has recognized that inquiries into legislative motives ‘are a hazardous matter.’ O’Brien, 391 U. S., at 383.” That is definitely a thing that was written in O’Brien. Here’s the passage in O’Brien: “Inquiries into congressional motives or purposes are […]
Dobbs Sentences #122: Part II B 3
Paragraph 8 of 11 Sentence 2 of 5 More citation than claim in this sentence: “This Court has long disfavored arguments based on alleged legislative motives. See, e.g., Erie v. Pap’s A. M., 529 U. S. 277, 292 (2000) (plurality opinion); Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 652 (1994); United States […]
Dobbs Sentences #121: Part II B 3
Paragraph 8 of 11 Sentence 1 of 5 One kind of obnoxiously-phrased claim in this sentence: “Resort to this argument is a testament to the lack of any real historical support for the right that Roe and Casey recognized.” This strikes me as op-ed language, not SCOTUS language. Somebody was being cute. Anyway, here are […]
Dobbs Sentences #120: Part II B 3
Paragraph 7 of 11 Sentence 2 of 2 This sentence makes it easier to do the work of the last sentence*. I’ll have to remember that when I come back through. I guess that’s a hazard of working a sentence at a time. “According to this account, which is based almost entirely on statements made […]
Dobbs Sentences #119: Part II B 3
Paragraph 7 of 11 Sentence 1 of 2 This is another sentence with two variations of one claim: “Another amicus brief relied upon by respondents (see Brief for Respondents 21) tries to dismiss the significance of the state criminal statutes that were in effect when the Fourteenth Amendment was adopted by suggesting that they were […]