Tag Archives: Dobbs v Jackson
Dobbs Sentences #108: Part II B 3
Paragraph 4 of 11 Sentence 2 of 4 This sentence consists of one claim: “The Solicitor General repeats Roe’s claim that it is ‘“doubtful” . . . “abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.”’ Brief for United States 26 (quoting Roe, 410 U.S., […]
Dobbs Sentences #107: Part II B 3
Paragraph 4 of 11 Sentence 1 of 4 The next sentence contains two simple claims here, but one of them is a doozy: “A few of respondents’ amici muster historical arguments, but they are very weak.” The claims: The first claim is verifiable, though it will take some work—some of which is hopefully undertaken in […]
Dobbs Sentences #106: Part II B 3
Paragraph 3 of 11 Sentence 2 of 2 One claim in the next sentence, but it addresses several angles: “The earliest sources called to our attention are a few district court and state court decisions decided shortly before Roe and a small number of law review articles from the same time period.36” Here are the […]
Dobbs Sentences #105: Part II B 3
Paragraph 3 of 11 Sentence 1 of 2 The next paragraph starts with a sentence containing two claims: “Not only are respondents and their amici unable to show that a constitutional right to abortion was established when the Fourteenth Amendment was adopted, but they have found no support for the existence of an abortion right […]
Dobbs Sentences #104: Part II B 3
Paragraph 2 of 11 Sentence 3 of 3 This sentence has two claims. I feel like I’ve been pretty careless lately and might have missed some nuance in recent sentences, but that’s why this is just a first pass. Anyway, here’s the sentence: “But that argument flies in the face of the standard we have […]
Dobbs Sentences #103: Part II B 3
Paragraph 2 of 11 Sentence 2 of 3 Another sentence with a single claim: “Instead, respondents are forced to argue that it ‘does [not] matter that some States prohibited abortion at the time Roe was decided or when the Fourteenth Amendment was adopted.’ Brief for Respondents 21.” That’s a weird phrase: “respondents are forced to,” […]
Dobbs Sentences #102: Part II B 3
Paragraph 2 of 11 Sentence 1 of 3 One claim here, but a lot of checking to do: “Neither respondents nor the Solicitor General disputes the fact that by 1868 the vast majority of States criminalized abortion at all stages of pregnancy. See Brief for Petitioners 12–13; see also Brief for American Historical Association et […]
Dobbs Sentences #101: Part II B 3
Paragraph 1 of 11 Sentence 1 of 1 This paragraph is a single sentence, which is a single claim: “Respondents and their amici have no persuasive answer to this historical evidence.” Also, this will need support from the following paragraphs. Until then it’s undetermined:
Dobbs Sentences #100: Part II B 2 d
Paragraph 1 of 1 Sentence 3 of 3 Here ends Part II B 2 d. With a sentence that is just one claim: “The Court in Roe could have said of abortion exactly what Glucksberg said of assisted suicide: ‘Attitudes toward [abortion] have changed since Bracton, but our laws have consistently condemned, and continue to […]
Dobbs Sentences #99: Part II B 2 d
Paragraph 1 of 1 Sentence 2 of 3 Another sentence with a single claim: “On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.” This is too broad and vague to assess in the passing moment, so it’s undetermined.