Tag Archives: True
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 #14: Part II A 1
Paragraph 4 of 5 Sentence 3 of 6 Next we have a sentence that contains a single claim and which references only one source, so this should be uncomplicated: “The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a ‘mere pretex[t] designed […]
Dobbs Sentences #11: Part II A 1
Paragraph 3 of 5 Sentence 6 of 6 The snark of the last couple of sentences continues to the end of the paragraph. We’re still just establishing arguments made in the past—in this case in the Casey decision—and haven’t made a move toward deciding the case yet. Here’s the last sentence of this paragraph: “The […]
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 […]
Dobbs Sentences #5: Part II A 1
Paragraph 2 of 5 Sentence 3 of 3 To finish out this paragraph we have a third sentence that sticks pretty closely to the previous one. “And that privacy right, Roe observed, had been found to spring from no fewer than five different constitutional provisions—the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” Id., at 152. […]
Dobbs Sentences #4: Part II A 1
Paragraph 2 of 5 Sentence 2 of 3 Now we start actually engaging with Roe (read and download here). The point being made isn’t controversial, but it’s necessary to lay out the basics. The sentence reads: “It held that the abortion right, which is not mentioned in the Constitution, is part of a right to […]
Dobbs Sentences #2: Part II A 1
Paragraph 1 of 5 Sentence 2 of 2 The Constitution makes no express reference to a right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text. This is simpler as it doesn’t refer to any sources for […]
Dobbs: True Claims
This is where I’m going to list all of the claims I’ve determined to be true as I go through Dobbs v. Jackson. Nothing is ever set in stone–if you think anything here is wrong, let me know. If your argument is good, if it’s well supported, I’ll change my mind and move the claim […]