Tag Archives: Dobbs v Jackson
Dobbs Sentences #206: Part III
Paragraph 1 of 8 Sentence 6 of 8 Once claim in this sentence: “It ‘contributes to the actual and perceived integrity of the judicial process.’ Ibid.” Restated for specificity: We just quoted this passage for the last sentence, but here it is again: “Stare decisis is the preferred course, because it promotes the evenhanded, predictable, […]
Dobbs Sentences #205: Part III
Paragraph 1 of 8 Sentence 5 of 8 Three closely-related claims here: “It fosters ‘evenhanded’ decisionmaking by requiring that like cases be decided in a like manner. Payne, 501 U.S., at 827.” Since the point has been made that stare decisis isn’t an “inexorable command,” I feel like the word “requiring” misstates the reality here. […]
Dobbs Sentences #204: Part III
Paragraph 1 of 8 Sentence 4 of 8 I count two claims in this sentence: “It ‘reduces incentives for challenging settled precedents, saving parties and courts the expense of endless relitigation.’ Kimble, 576 U.S., at 455.” The claims: Another partial definition of stare decisis. The citation in Kimble first references Payne before delivering the relevant […]
Dobbs Sentences #203: Part III
Paragraph 1 of 8 Sentence 3 of 8 Just one claim in this sentence: “It protects the interests of those who have taken action in reliance on a past decision. See Casey, 505 U.S., at 856 (joint opinion); see also Payne v. Tennessee, 501 U.S. 808, 828 (1991).” Here’s the claim without the citations: This […]
Dobbs Sentences #202: Part III
Paragraph 1 of 8 Sentence 2 of 8 This sentence contains three claims: “Stare decisis plays an important role in our case law, and we have explained that it serves many valuable ends.” The claims: I have no trouble believing that all three of these are true, but we’ll see what follows to support them. […]
Dobbs Sentences #201: Part III
Paragraph 1 of 8 Sentence 1 of 8 The first section of Part III isn’t indicated by a letter, and I’m guessing it serves as an introduction. The topic of Part III is stare decisis, which addresses the concerns of Jackson Women’s Health Organization and the dissenters more directly than Part II’s history and tradition […]
Dobbs History and Tradition #1
I found a number of interesting claims in a Washington Post article written in May of 2022 by Gillian Brockell. She addresses some of the historical material the Dobbs majority discusses in the decision. About Matthew Hale: “At least seven times, Alito cited Sir Matthew Hale, a 17th-century jurist who didn’t think marital rape was […]
Reflections on Dobbs Part II
Part II is about history and tradition, which are both valuable if the history reveals good reasons for their preservation of tradition. On the other hand, if an idea appears in history without explanation, it’s just trivia. There’s a lot to dig into considering that out of 200 hundred sentences, most of which broke down […]
Dobbs Sentences #200: The End of Part II D 3
Paragraph 3 of 3 Sentence 4 of 4 To close out Part II we get a sentence with a single claim: “Nothing in the Constitution or in our Nation’s legal traditions authorizes the Court to adopt that ‘“theory of life.”’ Post, at 8.” And here’s the cited passage in the dissent: “Some half-century ago, Roe […]
Dobbs Sentences #199: Part II D 3
Paragraph 3 of 3 Sentence 3 of 4 Two claims in this sentence: “According to the dissent, the Constitution requires the States to regard a fetus as lacking even the most basic human right—to live—at least until an arbitrary point in a pregnancy has passed.” The claims: The first claim, again, requires a more thorough […]
Cynical Jason 