Tag Archives: Roe v Wade

Dobbs Sentences #99: Part II B 2 d

Paragraph 1 of 1 Sentence 2 of 3 Another sentence with a single claim: “On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.” This is too broad and vague to assess in the passing moment, so it’s undetermined.

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 #96: Part II B 2 c

Paragraph 6 of 6 Sentence 3 of 4 Here’s a slightly more complex sentence: “And though Roe discerned a “trend toward liberalization” in about “one-third of the States,” those States still criminalized some abortions and regulated them more stringently than Roe would allow. Id., at 140, and n. 37; Tribe 2.” I see three claims: […]

Dobbs Sentences #95: Part II B 2 c

Paragraph 6 of 6 Sentence 2 of 4 Just one claim in this sentence, too: “At that time, also by the Roe Court’s own count, a substantial majority—30 States—still prohibited abortion at all stages except to save the life of the mother. See id., at 118, and n. 2 (listing States).” It’s a simple claim, […]

Dobbs Sentences #94: Part II B 2 c

Paragraph 6 of 6 Sentence 1 of 4 Obviously a single claim. One of the simpler sentences so far: “This overwhelming consensus endured until the day Roe was decided.” And all of the support should be in the sentences that follow and in whatever citations are attached. This is undetermined:

Dobbs Sentences #53: Part II B 1

Paragraph 3 of 3 Sentence 1 of 2 The next sentence, which opens the paragraph that closes this section, makes a pair of significant claims, and I hope that the following sections follow up on them. Here’s the sentence: “Roe either ignored or misstated this history, and Casey declined to reconsider Roe’s faulty historical analysis.” […]

Dobbs Sentences #46: Part II B 1

Paragraph 1 of 3 Sentence 3 of 5 The third sentence in this paragraph is another single claim: “Until a few years before Roe was handed down, no federal or state court had recognized such a right.” And like the previous sentence, this claim will need some digging to substantiate. It’s easy enough to identify […]

Dobbs Sentences #9: Part II A 1

Paragraph 3 of 5 Sentence 4 of 6 This feels like it’s covering the same ground as previous sentences, but it probably isn’t, which can just serve as a reminder to me about how little I really know about legal theory. Here’s the sentence: “And a third path was that the First, Fourth, and Fifth […]

Dobbs Sentences #8: Part II A 1

Paragraph 3 of 5 Sentence 3 of 6 The next sentence involves ideas that will take some investigation at some point. For now I’ll just make sure they are what they say they are. “Another was that the right was rooted in the First, Fourth, or Fifth Amendment, or in some combination of those provisions, […]

Dobbs Sentences #7: Part II A 1

Paragraph 3 of 5 Sentence 2 of 6 This sentence is a single claim, and it’s easy to check since it’s a direct quote from Roe and includes a citation: One possibility was that the right was “founded . . . in the Ninth Amendment’s reservation of rights to the people.” Id., at 153. And […]