Tag Archives: Dobbs v Jackson
Dobbs Sentences #28: Part II A 2
Paragraph 5 of 9 Sentence 2 of 3 The next sentence is packed with references: “The lead opinion surveyed the origins of the Second Amendment, the debates in Congress about the adoption of the Fourteenth Amendment, the state constitutions in effect when that Amendment was ratified (at least 22 of the 37 States protected the […]
Dobbs Sentences #27: Part II A 2
Paragraph 5 of 9 Sentence 1 of 3 The next paragraph starts with a sentence that contains two claims: “A similar inquiry was undertaken in McDonald, which held that the Fourteenth Amendment protects the right to keep and bear arms.” Here are the two claims: Since this is the topic sentence, the claims made here […]
Dobbs Sentences #26: Part II A 2
Paragraph 4 of 9 Sentence 2 of 2 The next sentence is only one claim, but it contains a number of elements: “In concluding that the Eighth Amendment’s protection against excessive fines is “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition,” 586 U. S., at ___ (slip […]
Dobbs Sentences #25: Part II A 2
Paragraph 4 of 9 Sentence 1 of 2 The opening sentence of the next paragraph contains a single claim: “Justice Ginsburg’s opinion for the Court in Timbs is a recent example.” Without getting into the content of Ginsburg’s opinion, the facts of this claim are pretty easy to establish. Timbs was decided in 2019, and […]
Dobbs Sentences #24: Part II A 2
Paragraph 3 of 9 Sentence 2 of 2 Just one claim in this sentence, and it’s a minor one: “And in conducting this inquiry, we have engaged in a careful analysis of the history of the right at issue.” It remains to be seen how true this is, but we’ll see when the analysis is […]
Dobbs Sentences #23: Part II A 2
Paragraph 3 of 9 Sentence 1 of 2 This first sentence in the third paragraph of this section comes with a boatload of citations: “In deciding whether a right falls into either of these categories, the Court has long asked whether the right is “deeply rooted in [our] history and tradition” and whether it is […]
Dobbs Sentences #22: Part II A 2
Paragraph 2 of 9 Sentence 3 of 3 There are two claims in this next sentence, but only one is interesting: “The second category—which is the one in question here—comprises a select list of fundamental rights that are not mentioned anywhere in the Constitution. We can dispense with the claim that we are interested in […]
Dobbs Sentences #20: Part II A 2
Paragraph 2 of 9 Sentences 1 of 3 The first sentence in this paragraph is framing the discussion. It’s technically a claim, but its role is support: ”The first consists of rights guaranteed by the first eight Amendments.” It’s simple. No citations or references or footnotes. The truth of this claim will be established by […]
Dobbs Sentences #19: Part II A 2
Paragraph 1 of 9 Sentences 2 of 2 The next sentence is a single claim, and that claim is simple and easily confirmed: “But our decisions have held that the Due Process Clause protects two categories of substantive rights.” Easily, but not immediately. I’ll come back to this after the Court explains. This is undetermined.
Cynical Jason 