Tag Archives: State law
Dobbs Sentences #178: Part II D 2
Paragraph 2 of 3 Sentence 2 of 2 This sentence contains two claims: “First, if the ‘long sweep of history’ imposes any restraint on the recognition of unenumerated rights, then Roe was surely wrong, since abortion was never allowed (except to save the life of the mother) in a majority of States for over 100 […]
Dobbs Sentences #173: Part II D 1
Paragraph 3 of 3 Sentence 4 of 5 This sentence is two claims: “And today, another half century later, more than half of the States have asked us to overrule Roe and Casey.” The claims: Once we’ve determined whether it is established that the states’ interest in protecting the fetus at all stages translates to […]
Dobbs Sentences #172: Part II D 1
Paragraph 3 of 3 Sentence 3 of 5 I see three claims in this sentence: “As explained, for more than a century after 1868—including ‘another half-century’ after women gained the constitutional right to vote in 1920, see post, at 15; Amdt. 19—it was firmly established that laws prohibiting abortion like the Texas law at issue […]
Dobbs Sentences #142: Part II C 1
Paragraph 4 of 6 Sentence 5 of 6 This sentence is essentially the same claim with opposite specifics: “Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an ‘unborn human being.’ Miss. Code Ann. §41–41–191(4)(b).” One interesting element of this sentence, this claim, is that it references […]
Dobbs Sentences #141: Part II C 1
Paragraph 4 of 6 Sentence 4 of 6 This sentence is another simple claim: “In some States, voters may believe that the abortion right should be even more extensive than the right that Roe and Casey recognized.” Again, this claim is undoubtedly true, but my questions from the previous sentence remain: people will have different […]
Dobbs Sentences #140: Part II C 1
Paragraph 4 of 6 Sentence 3 of 6 The next sentence consists of a single uncontroversial claim: “But the people of the various States may evaluate those interests differently.” This is true. Without a doubt. It’s also true that the people of the various counties within a state “may evaluate those interests differently.” It’s also […]
Dobbs Sentences #127: Part II B 3
Paragraph 9 of 11 Sentence 3 of 3 This sentence is a single claim couched in a rhetorical question: “Are we to believe that the hundreds of lawmakers whose votes were needed to enact these laws were motivated by hostility to Catholics and women?” The claim: It is, of course, unlikely-bordering-on-impossible that one group of […]
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 #125: Part II B 3
Paragraph 9 of 11 Sentence 1 of 3 I get four claims out of this sentence: “Here, the argument about legislative motive is not even based on statements by legislators, but on statements made by a few supporters of the new 19th-century abortion laws, and it is quite a leap to attribute these motives to […]
Dobbs Sentences #117: Part II B 3
Paragraph 6 of 11 Sentence 3 of 4 This sentence contains two claims that are closely related but different in an important way: “When legislatures began to exercise that authority as the century wore on, no one, as far as we are aware, argued that the laws they enacted violated a fundamental right.” The claims: […]
Cynical Jason 