Tag Archives: Precedent
Dobbs Sentences #221: Part III
Paragraph 5 of 8 Sentence 1 of 2 I count two claims in the next sentence: “Finally, in West Virginia Bd. of Ed. v. Barnette, 319 U. S. 624 (1943), after the lapse of only three years, the Court overruled Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940), and held that public school […]
Dobbs Sentences #220: Part III
Paragraph 4 of 8 Sentence 2 of 2 Just one claim here, but three citations: “West Coast Hotel signaled the demise of an entire line of important precedents that had protected an individual liberty right against state and federal health and welfare legislation. See Lochner v. New York, 198 U.S. 45 (1905) (holding invalid a […]
Dobbs Sentences #219: Part III
Paragraph 4 of 8 Sentence 1 of 2 This sentence contains two claims: “In West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937), the Court overruled Adkins v. Children’s Hospital of D. C., 261 U.S. 525 (1923), which had held that a law setting minimum wages for women violated the ‘liberty’ protected by the […]
Dobbs Sentences #218: Part III
Paragraph 3 of 8 Sentence 4 of 4 I get three distinct claims in the next sentence: “In so doing, the Court overruled the infamous decision in Plessy v. Ferguson, 163 U.S. 537 (1896), along with six other Supreme Court precedents that had applied the separate-but-equal rule. See Brown, 347 U.S., at 491. The claims: […]
Dobbs Sentences #217: Part III
Paragraph 3 of 8 Sentence 3 of 4 This sentence contains two claims: “In Brown v. Board of Education, 347 U.S. 483 (1954), the Court repudiated the ‘separate but equal’ doctrine, which had allowed States to maintain racially segregated schools and other facilities. Id., at 488 (internal quotation marks omitted).” Both of these claims are […]
Dobbs Sentences #215: Part III
Paragraph 3 of 8 Sentence 1 of 4 Just one claim in this sentence: “Some of our most important constitutional decisions have overruled prior precedents.” That’s a solid topic sentence. We’ll see what follows to support it. This claim is undetermined:
Dobbs Sentences #183: Part II D 2
Paragraph 3 of 3 Sentence 4 of 4 This sentence contains at least three claims: “There are occasions when past decisions should be overruled, and as we will explain, this is one of them.” The claims: I’m positive that the first claim can’t be quickly confirmed, and the other two look to be expanded on […]
Dobbs Sentences #179: Part II D 2
Paragraph 2 of 3 Sentence 3 of 3 This entire sentence is one claim, but it’s built out of a couple of other claims: “Second, it is impossible to defend Roe based on prior precedent because all of the precedents Roe cited, including Griswold and Eisenstadt, were critically different for a reason that we have […]
Dobbs Sentences #165: Part II D 1
Paragraph 1 of 3 Sentence 2 of 3 The next sentence has one tripartite claim: “The dissent does not identify any pre-Roe authority that supports such a right—no state constitutional provision or statute, no federal or state judicial precedent, not even a scholarly treatise. Compare post, at 12–14, n. 2, with supra, at 15–16, and […]
Dobbs Sentences #146: Part II C 1
Paragraph 5 of 6 Sentence 3 of 3 This sentence is a single claim that continues the train of thought of the previous sentence: “Respondents and the Solicitor General also rely on post-Casey decisions like Lawrence v. Texas, 539 U.S. 558 (2003) (right to engage in private, consensual sexual acts), and Obergefell v. Hodges, 576 […]
Cynical Jason 