Tag Archives: History and tradition
Dobbs Sentences #98: Part II B 2 d
Paragraph 1 of 1 Sentence 1 of 3 Part II B 2 d is only one paragraph long—only three sentences—and the first sentence in this paragraph contains a single claim: “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions.” “Inescapable” is a strong word. Bold […]
Dobbs Sentences #97: Part II B 2 c
Paragraph 6 of 6 Sentence 4 of 4 One final sentence to close out Part II B 2 c, and it consists of a single claim: “In short, the ‘Court’s opinion in Roe itself convincingly refutes the notion that the abortion liberty is deeply rooted in the history or tradition of our people.’ Thornburgh v. […]
Dobbs Sentences #80: Part II B 2 b
Paragraph 2 of 2 Sentence 3 of 3 The final sentence for this section is a single claim: “And by the 19th century, courts frequently explained that the common law made abortion of a quick child a crime. See, e.g., Smith v. Gaffard, 31 Ala. 45, 51 (1857); Smith v. State, 33 Me. 48, 55 […]
Dobbs Sentences #75: Part II B 2 b
Paragraph 1 of 2 Sentence 1 of 3 The next section opens with a simple claim: “In this country, the historical record is similar.” I guess we will see. This is undetermined for obvious reasons:
Dobbs Sentences #74: Part II B 2 a
Paragraph 7 of 7 Sentence 2 of 2 To close out Part II B 2 a we have a sentence that includes two claims “Moreover, we are aware of no common-law case or authority, and the parties have not pointed to any, that remotely suggests a positive right to procure an abortion at any stage […]
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 #42: Part II A 2
Paragraph 9 of 9 Sentence 3 of 4 The next sentence contains four claims, the first of which is the whole sentence: “Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term ‘liberty.’” Here they […]
Cynical Jason 