Tag Archives: Roe v Wade
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 #130: Part II B 3
Paragraph 11 of 11 Sentence 1 of 2 The next sentence has three claims: “One may disagree with this belief (and our decision is not based on any view about when a State should regard prenatal life as having rights or legally cognizable interests), but even Roe and Casey did not question the good faith […]
Dobbs Sentences #126: Part II B 3
Paragraph 9 of 11 Sentence 2 of 3 The next sentence contains three claims: “Recall that at the time of the adoption of the Fourteenth Amendment, over three-quarters of the States had adopted statutes criminalizing abortion (usually at all stages of pregnancy), and that from the early 20th century until the day Roe was handed […]
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 #113: Part II B 3
Paragraph 5 of 11 Sentence 3 of 4 The next sentence contains one claim: “An internal memorandum characterized this author’s work as donning ‘the guise of impartial scholarship while advancing the proper ideological goals.’39” This is the revelation from the last sentence, I guess. End note 39 should point us to the appropriate materials. End […]
Dobbs Sentences #112: Part II B 3
Paragraph 5 of 11 Sentence 2 of 4 Two more claims in the next sentence: “These articles have been discredited,38 and it has come to light that even members of Jane Roe’s legal team did not regard them as serious scholarship.” The claims: I have no doubt that the articles have been disputed, and end […]
Dobbs Sentences #111: Part II B 3
Paragraph 5 of 11 Sentence 1 of 4 The next paragraph opens with two claims: “Instead of following these authorities, Roe relied largely on two articles by a pro-abortion advocate who claimed that Coke had intentionally misstated the common law because of his strong anti-abortion views.37” And here are the two claims: I’m not even […]
Dobbs Sentences #108: Part II B 3
Paragraph 4 of 11 Sentence 2 of 4 This sentence consists of one claim: “The Solicitor General repeats Roe’s claim that it is ‘“doubtful” . . . “abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.”’ Brief for United States 26 (quoting Roe, 410 U.S., […]
Dobbs Sentences #106: Part II B 3
Paragraph 3 of 11 Sentence 2 of 2 One claim in the next sentence, but it addresses several angles: “The earliest sources called to our attention are a few district court and state court decisions decided shortly before Roe and a small number of law review articles from the same time period.36” Here are the […]
Dobbs Sentences #100: Part II B 2 d
Paragraph 1 of 1 Sentence 3 of 3 Here ends Part II B 2 d. With a sentence that is just one claim: “The Court in Roe could have said of abortion exactly what Glucksberg said of assisted suicide: ‘Attitudes toward [abortion] have changed since Bracton, but our laws have consistently condemned, and continue to […]