Tag Archives: Supreme Court
Dobbs Sentences #23: Part II A 2
Paragraph 3 of 9 Sentence 1 of 2 This first sentence in the third paragraph of this section comes with a boatload of citations: “In deciding whether a right falls into either of these categories, the Court has long asked whether the right is “deeply rooted in [our] history and tradition” and whether it is […]
Dobbs Sentences #22: Part II A 2
Paragraph 2 of 9 Sentence 3 of 3 There are two claims in this next sentence, but only one is interesting: “The second category—which is the one in question here—comprises a select list of fundamental rights that are not mentioned anywhere in the Constitution. We can dispense with the claim that we are interested in […]
Dobbs Sentences #20: Part II A 2
Paragraph 2 of 9 Sentences 1 of 3 The first sentence in this paragraph is framing the discussion. It’s technically a claim, but its role is support: ”The first consists of rights guaranteed by the first eight Amendments.” It’s simple. No citations or references or footnotes. The truth of this claim will be established by […]
Dobbs Sentences #19: Part II A 2
Paragraph 1 of 9 Sentences 2 of 2 The next sentence is a single claim, and that claim is simple and easily confirmed: “But our decisions have held that the Due Process Clause protects two categories of substantive rights.” Easily, but not immediately. I’ll come back to this after the Court explains. This is undetermined.
Dobbs Sentences #18: Part II A 2
Paragraph 1 of 9 Sentence 1 of 2 Even though we’re beginning a new section, this paragraph flows so completely from the last paragraph of the previous section that a reader who takes a break between sections might have to reverse gears a moment to make sense of this first sentence in Part II Section […]
Dobbs Sentences #17: Part II A 1
Paragraph 5 of 5 Sentences 1 of 1 The fifth paragraph in this subsection is one sentence long, and the only work that sentence does is to transition to the next line of thinking. “With this new theory addressed, we turn to Casey’s bold assertion that the abortion right is an aspect of the “liberty” protected […]
Dobbs Sentences #16: Part II A 1
Paragraph 4 of 5 Sentences 5 and 6 of 6 The last two sentences of this paragraph can be dealt with together, since neither can be confirmed in the moment: “Accordingly, laws regulating or prohibiting abortion are not subject to heightened scrutiny. Rather, they are governed by the same standard of review as other health […]
Dobbs Sentences #15: Part II A 1
Dobbs Part II A 1 Paragraph 4 of 5 Sentence 4 of 6 The fourth sentence of this paragraph looks like a single claim, but it’s actually two claims: “And as the Court has stated, the ‘goal of preventing abortion’ does not constitute ‘invidiously discriminatory animus’ against women. Bray v. Alexandria Women’s Health Clinic, 506 […]
Dobbs Sentences #13: Part II A 1
Paragraph 4 of 5 Sentence 2 of 6 This sentence raises several points that will require support that isn’t immediately apparent. As the paragraph develops I’ll probably have to come back to revise what I’ve written here. That’s true of the whole decision generally, though. What is undetermined in the moment could very well be […]
Cynical Jason 