Tag Archives: Dobbs v Jackson
Dobbs Sentences #66: Part II B 2 a
Paragraph 5 of 8 Sentence 3 of 5 The next sentence provides some support for the current train of thought: “Hale wrote that if a physician gave a woman ‘with child’ a ‘potion’ to cause an abortion, and the woman died, it was ‘murder’ because the potion was given ‘unlawfully to destroy her child within […]
Dobbs Sentences #65: Part II B 2 a
Paragraph 5 of 8 Sentence 2 of 5 The next sentence is a quick stop, since it’s a single claim that will need support that it doesn’t provide itself: “Hale and Blackstone explained a way in which a pre-quickening abortion could rise to the level of a homicide.” I’m excited to see that explanation. For […]
Dobbs Sentences #64: Part II B 2 a
Paragraph 5 of 8 Sentence 1 of 5 The next paragraph opens with a sentence with two claims, one of which is the whole sentence “That the common law did not condone even pre-quickening abortions is confirmed by what one might call a proto-felony-murder rule.” The claims: This obviously introduces the next subject, and whatever […]
Dobbs Sentences #63: Part II B 2 a
Paragraph 4 of 8 Sentence 3 of 3 The sentence that ends this paragraph has two simple claims: “Similarly, an indictment from 1602, which did not distinguish between a pre-quickening and post-quickening abortion, described abortion as ‘pernicious’ and ‘against the peace of our Lady the Queen, her crown and dignity’.” Keown 7 (discussing R. v. […]
Dobbs Sentences #62: Part II B 2 a
Paragraph 4 of 8 Sentence 2 of 3 The next sentence is a single claim, and one we’ve already confirmed: “Quite to the contrary, in the 1732 case mentioned above, the judge said of the charge of abortion (with no mention of quickening) that he had ‘never met with a case so barbarous and unnatural.’28” […]
Dobbs Sentences #61: Part II B 2 a
Paragraph 4 of 8 Sentence 1 of 3 The next sentence seems to be making a purely logical point, but also cites another case as backup: “Although a pre-quickening abortion was not itself considered homicide, it does not follow that abortion was permissible at common law—much less that abortion was a legal right. Cf. Glucksberg, […]
Dobbs Sentences #60: Part II B 2 a
Paragraph 3 of 8 Sentence 3 of 3 This paragraph closes with a sentence that contains another simple claim: “For that crime and another ‘misdemeanor,’ Beare was sentenced to two days in the pillory and three years’ imprisonment.27” That other “misdemeanor” of which Mrs. Beare was convicted was that she advised a man to kill […]
Dobbs Sentences #59: Part II B 2 a
Paragraph 3 of 8 Sentence 2 of 3 Finally! The next sentence is a single, simple claim that is easily investigated. It reads: “In 1732, for example, Eleanor Beare was convicted of ‘destroying the Foetus in the Womb’ of another woman and ‘thereby causing her to miscarry.’”26 The Court has made our investigation easy in […]
Dobbs Sentences #58: Part II B 2 a
Paragraph 3 of 8 Sentence 1 of 3 The next sentence indicates another pair of books that don’t lend themselves to easy access: “English cases dating all the way back to the 13th century corroborate the treatises’ statements that abortion was a crime. See generally J. Dellapenna, Dispelling the Myths of Abortion History 126, and […]
Dobbs Sentences #57: Part II B 2 a
Paragraph 2 of 8 Sentence 2 of 2 In theory, the single claim in the next sentence is easy to verify, but I’m having trouble finding a copy of the document online. Here’s the sentence: “Henry de Bracton’s 13th-century treatise explained that if a person has ‘struck a pregnant woman, or has given her poison, […]
Cynical Jason 