Tag Archives: True

Dobbs Sentences #31: Part II A 2

Paragraph 6 of 9 Sentence 2 of 2 The next sentence contains three claims reiterating the point: “Thus, in Glucksberg, which held that the Due Process Clause does not confer a right to assisted suicide, the Court surveyed more than 700 years of ‘Anglo-American common law tradition,’ 521 U. S., at 711, and made clear […]

Dobbs Sentences #30: Part II A 2

Paragraph 6 of 9 Sentence 1 of 2 The first sentence of the next paragraph contains two claims: “Timbs and McDonald concerned the question whether the Fourteenth Amendment protects rights that are expressly set out in the Bill of Rights, and it would be anomalous if similar historical support were not required when a putative […]

Dobbs Sentences #29: Part II A 2

Paragraph 5 of 9 Sentence 3 of 3 The next sentence is also a single claim, and it’s presented a little dramatically: “Only then did the opinion conclude that “the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered […]

Dobbs Sentences #28: Part II A 2

Paragraph 5 of 9 Sentence 2 of 3 The next sentence is packed with references: “The lead opinion surveyed the origins of the Second Amendment, the debates in Congress about the adoption of the Fourteenth Amendment, the state constitutions in effect when that Amendment was ratified (at least 22 of the 37 States protected the […]

Dobbs Sentences #26: Part II A 2

Paragraph 4 of 9 Sentence 2 of 2 The next sentence is only one claim, but it contains a number of elements: “In concluding that the Eighth Amendment’s protection against excessive fines is “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition,” 586 U. S., at ___ (slip […]

Dobbs Sentences #25: Part II A 2

Paragraph 4 of 9 Sentence 1 of 2 The opening sentence of the next paragraph contains a single claim: “Justice Ginsburg’s opinion for the Court in Timbs is a recent example.” Without getting into the content of Ginsburg’s opinion, the facts of this claim are pretty easy to establish. Timbs was decided in 2019, and […]

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 #21: Part II A 2

Paragraph 2 of 9 Sentence 2 of 3 The next sentence provides a path to understanding the previous sentence, but it also covers material that we saw in section A: “Those Amendments originally applied only to the Federal Government, Barron ex rel. Tiernan v. Mayor of Baltimore, 7 Pet. 243, 247–251 (1833) (opinion for the […]

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 […]