Tag Archives: Dobbs v Jackson
Dobbs Sentences #56: Part II B 2 a
Paragraph 2 of 8 Sentence 1 of 2 The next paragraph starts out with a simple claim, but the citation goes in an odd direction: “The ’eminent common-law authorities (Blackstone, Coke, Hale, and the like),’ Kahler v. Kansas, 589 U.S. ___, ___ (2020) (slip op., at 7), all describe abortion after quickening as criminal.” The […]
Dobbs Sentences #55: Part II B 2 a
Paragraph 1 of 8 Sentence 1 of 1 This next section starts to lay out the legal history of abortion in more specific terms—beginning hundreds of years before the founding of the United States: “We begin with the common law, under which abortion was a crime at least after “quickening”—i.e., the first felt movement of […]
Dobbs Sentences #54: Part II B 1
Paragraph 3 of 3 Sentence 2 of 2 The last sentence of this section makes a single claim that looks simple, but isn’t as simple as it seems: “It is therefore important to set the record straight.” If the Court was just saying that it’s important to make sure we’re dealing with the facts accurately […]
Dobbs Sentences #53: Part II B 1
Paragraph 3 of 3 Sentence 1 of 2 The next sentence, which opens the paragraph that closes this section, makes a pair of significant claims, and I hope that the following sections follow up on them. Here’s the sentence: “Roe either ignored or misstated this history, and Casey declined to reconsider Roe’s faulty historical analysis.” […]
Dobbs Sentences #52: Part II B 1
Paragraph 2 of 3 Sentence 4 of 4 I’m frustrating myself a bit by sticking to the strategy of only looking into claims that can be quickly investigated. This sentence wouldn’t take too much time to look into, but it’s also more trivia than vital information. Just two claims here, and they’re pretty simple: “By […]
Dobbs Sentences #51: Part II B 1
Paragraph 2 of 3 Sentence 3 of 4 The third sentence in this paragraph is one claim, but it contains a couple more claims that are worth looking at independently. Here’s the sentence: “American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions.” A paradigm […]
Dobbs Sentences #50: Part II B 1
Paragraph 2 of 3 Sentence 2 of 4 The next sentence consists of three more claims that need investigating: “At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages.” Here are the claims separated: Nothing easily established. These […]
Dobbs Sentences #49: Part II B 1
Paragraph 2 of 3 Sentence 1 of 4 The first sentence of the second paragraph in II B 1 starts with a callback to the previous paragraph and then makes a new assertion: “Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime […]
Dobbs Sentences #48: Part II B 1
Paragraph 1 of 3 Sentence 5 of 5 To finish the first paragraph of Part II B1, we get a sentence with three claims. Kinda. “And although law review articles are not reticent about advocating new rights, the earliest article proposing a constitutional right to abortion that has come to our attention was published only […]
Dobbs Sentences #47: Part II B 1
Paragraph 1 of 3 Sentence 4 of 5 The fourth sentence of this paragraph is one claim, but it breaks down in an interesting way: “Nor had any scholarly treatise of which we are aware.” As I said, the sentence is one claim, and the phrase “of which we are aware” renders it immune to […]
Cynical Jason 