Tag Archives: Precedent
Dobbs Sentences #234: Part III A
Paragraph 3 of 5 Sentence 1 of 2 This sentence has two claims: “Roe was also egregiously wrong and deeply damaging.” The claims: “Roe was also egregiously wrong.” “Roe was [. . .] deeply damaging.” I suppose you could make the case that the Court means the “also” to apply in parallel, but since the […]
Dobbs Sentences #233: Part III A
Part III A Paragraph 2 of 5 Sentence 3 of 3 This sentence looks like it has three claims: “It was ‘egregiously wrong’ on the day it was decided, see Ramos, 590 U. S., at ___ (opinion of Kavanaugh, J.) (slip op., at 7), and as the Solicitor General agreed at oral argument, it should […]
Dobbs Sentences #231: Part III A
Paragraph 2 of 5 Sentence 1 of 3 Just one claim in this sentence: “The infamous decision in Plessy v. Ferguson, was one such decision.” By “one such decision,” I assume they mean that it’s one of the “more damaging” decisions featuring “erroneous interpretation of the Constitution.” I don’t know anybody who’s going to disagree […]
Dobbs Sentences #228: Part III
Paragraph 8 of 8 Sentence 1 of 1 I count six claims in this sentence: “In this case, five factors weigh strongly in favor of overruling Roe and Casey: the nature of their error, the quality of their reasoning, the “workability” of the rules they imposed on the country, their disruptive effect on other areas […]
Dobbs Sentences #227: Part III
Paragraph 7 of 8 Sentence 3 of 3 Two claims in this sentence: “Our cases have attempted to provide a framework for deciding when a precedent should be overruled, and they have identified factors that should be considered in making such a decision. Janus v. State, County, and Municipal Employees, 585 U. S. ___, ___–___ […]
Dobbs Sentences #226: Part III
Paragraph 7 of 8 Sentence 2 of 3 Just one claim in this sentence: “It is not a step that should be taken lightly.” I’m sure this is true, but since it’s a judgment that would take some time to establish, I’ll leave it undetermined for now. Undetermined! “It is not a step that should […]
Dobbs Sentences #225: Part III
Paragraph 7 of 8 Sentence 1 of 3 This sentence contains two claims: “No Justice of this Court has ever argued that the Court should never overrule a constitutional decision, but overruling a precedent is a serious matter.” The claims: “No Justice of this Court has ever argued that the Court should never overrule a […]
Dobbs Sentences #224: Part III
Paragraph 6 of 8 Sentence 2 of 2 The next sentence has two claims: “Without these decisions, American constitutional law as we know it would be unrecognizable, and this would be a different country.” The claims: “Without these decisions, American constitutional law as we know it would be unrecognizable.” “Without these decisions, [. . .] […]
Dobbs Sentences #223: Part III
Paragraph 6 of 8 Sentence 1 of 2 I get two claims from this sentence: “On many other occasions, this Court has overruled important constitutional decisions. (We include a partial list in the footnote that follows.48)” The claims: “[T]his Court has overruled important constitutional decisions.” “On many other occasions, this Court has overruled important constitutional […]
Dobbs Sentences #222: Part III
Paragraph 5 of 8 Sentence 2 of 2 This looks like one claim: “Barnette stands out because nothing had changed during the intervening period other than the Court’s belated recognition that its earlier decision had been seriously wrong.” And it seems like something that can’t be determined in a quick look. Three years passed between […]
