Tag Archives: Undetermined
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 #123: Part II B 3
Paragraph 8 of 11 Sentence 3 of 5 Just one claim in this sentence: “The Court has recognized that inquiries into legislative motives ‘are a hazardous matter.’ O’Brien, 391 U. S., at 383.” That is definitely a thing that was written in O’Brien. Here’s the passage in O’Brien: “Inquiries into congressional motives or purposes are […]
Dobbs Sentences #121: Part II B 3
Paragraph 8 of 11 Sentence 1 of 5 One kind of obnoxiously-phrased claim in this sentence: “Resort to this argument is a testament to the lack of any real historical support for the right that Roe and Casey recognized.” This strikes me as op-ed language, not SCOTUS language. Somebody was being cute. Anyway, here are […]
Dobbs Sentences #120: Part II B 3
Paragraph 7 of 11 Sentence 2 of 2 This sentence makes it easier to do the work of the last sentence*. I’ll have to remember that when I come back through. I guess that’s a hazard of working a sentence at a time. “According to this account, which is based almost entirely on statements made […]
Dobbs Sentences #119: Part II B 3
Paragraph 7 of 11 Sentence 1 of 2 This is another sentence with two variations of one claim: “Another amicus brief relied upon by respondents (see Brief for Respondents 21) tries to dismiss the significance of the state criminal statutes that were in effect when the Fourteenth Amendment was adopted by suggesting that they were […]
Dobbs Sentences #118: Part II B 3
Paragraph 6 of 11 Sentence 4 of 4 This sentence has two claims that need some discussion: “That is not surprising since common-law authorities had repeatedly condemned abortion and described it as an ‘unlawful’ act without regard to whether it occurred before or after quickening. See supra, at 16–21.” The claims: The phrase that separates […]
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: […]
Dobbs Sentences #116: Part II B 3
Paragraph 6 of 11 Sentence 2 of 4 This sentence contains three claims: “But the insistence on quickening was not universal, see Mills v. Commonwealth, 13 Pa., at 633; State v. Slagle, 83 N.C. 630, 632 (1880), and regardless, the fact that many States in the late 18th and early 19th century did not criminalize […]
Cynical Jason 