Tag Archives: History and tradition
Dobbs Sentences #169: Part II D 1
Paragraph 2 of 3 Sentence 3 of 3 This sentence has four claims: “But despite the dissent’s professed fidelity to stare decisis, it fails to seriously engage with that important precedent—which it cannot possibly satisfy.” The claims: The first of these claims is true, expressed in the first section of the dissent: “One piece of […]
Dobbs Sentences #168: Part II D 1
Paragraph 2 of 3 Sentence 2 of 3 The next sentence is a single claim that merits close examination: “We have held that the ‘established method of substantive-due-process analysis’ requires that an unenumerated right be ‘“deeply rooted in this Nation’s history and tradition”’ before it can be recognized as a component of the ‘liberty’ protected […]
Dobbs Sentences #167: Part II D 1
Paragraph 2 of 3 Sentence 1 of 3 There’s one claim in the sentence opening the next paragraph: “The dissent’s failure to engage with this long tradition is devastating to its position.” We’ll have to see how this is supported, so it will start out undetermined, but it’s worth noting the emphasis the Dobbs Court […]
Dobbs Sentences #166: Part II D 1
Paragraph 1 of 3 Sentence 3 of 3 This sentence packs in a lot of low-impact claims: “Nor does the dissent dispute the fact that abortion was illegal at common law at least after quickening; that the 19th century saw a trend toward criminalization of pre-quickening abortions; that by 1868, a supermajority of States (at […]
Dobbs Sentences #164: Part II D 1
Paragraph 1 of 3 Sentence 1 of 3 Part D opens with a single claim: “The dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a ‘“deeply rooted”’ one, ‘“in this Nation’s history and tradition.”’ Glucksberg, 521 U.S., at 721; see post, at 12–14 (joint […]
Dobbs Sentences #132: Part II C 1 (The Return)
Paragraph 1 of 6 Sentence 2 of 2 The first sentence of Part II C 1 contains two claims: “Instead of seriously pressing the argument that the abortion right itself has deep roots, supporters of Roe and Casey contend that the abortion right is an integral part of a broader entrenched right.” Here are the […]
Dobbs Sentences #121: Part II B 3
Paragraph 8 of 11 Sentence 1 of 5 One kind of obnoxiously-phrased claim in this sentence: “Resort to this argument is a testament to the lack of any real historical support for the right that Roe and Casey recognized.” This strikes me as op-ed language, not SCOTUS language. Somebody was being cute. Anyway, here are […]
Dobbs Sentences #115: Part II B 3
Paragraph 6 of 11 Sentence 1 of 4 I see three claims in the next sentence: “The Solicitor General next suggests that history supports an abortion right because the common law’s failure to criminalize abortion before quickening means that ‘at the Founding and for decades thereafter, women generally could terminate a pregnancy, at least in […]
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:
Cynical Jason 