Tag Archives: Undetermined
Dobbs Sentences #115: Part II B 3
Paragraph 6 of 11 Sentence 1 of 4 I see three claims in the next sentence: “The Solicitor General next suggests that history supports an abortion right because the common law’s failure to criminalize abortion before quickening means that ‘at the Founding and for decades thereafter, women generally could terminate a pregnancy, at least in […]
Dobbs Sentences #114: Part II B 3
Paragraph 5 of 11 Sentence 4 of 4 The single claim in this sentence could not be simpler: “Continued reliance on such scholarship is unsupportable.” Since I haven’t come to a conclusion about the scholarship in question, I definitely can’t make a determination about this claim yet. So . . . undetermined again:
Dobbs Sentences #113: Part II B 3
Paragraph 5 of 11 Sentence 3 of 4 The next sentence contains one claim: “An internal memorandum characterized this author’s work as donning ‘the guise of impartial scholarship while advancing the proper ideological goals.’39” This is the revelation from the last sentence, I guess. End note 39 should point us to the appropriate materials. End […]
Dobbs Sentences #112: Part II B 3
Paragraph 5 of 11 Sentence 2 of 4 Two more claims in the next sentence: “These articles have been discredited,38 and it has come to light that even members of Jane Roe’s legal team did not regard them as serious scholarship.” The claims: I have no doubt that the articles have been disputed, and end […]
Dobbs Sentences #111: Part II B 3
Paragraph 5 of 11 Sentence 1 of 4 The next paragraph opens with two claims: “Instead of following these authorities, Roe relied largely on two articles by a pro-abortion advocate who claimed that Coke had intentionally misstated the common law because of his strong anti-abortion views.37” And here are the two claims: I’m not even […]
Dobbs Sentences #110: Part II B 3
Paragraph 4 of 11 Sentence 4 of 4 The final sentence of this paragraph contains at least two claims: “Moreover, Hale and Blackstone (and many other authorities following them) asserted that even a pre-quickening abortion was ‘unlawful’ and that, as a result, an abortionist was guilty of murder if the woman died from the attempt.” […]
Dobbs Sentences #109: Part II B 3
Paragraph 4 of 11 Sentence 3 of 4 There are a few tightly-bound claims in this sentence: “But as we have seen, great common-law authorities like Bracton, Coke, Hale, and Blackstone all wrote that a post-quickening abortion was a crime—and a serious one at that.” Here’s where we get into issues that annoy people who […]
Dobbs Sentences #108: Part II B 3
Paragraph 4 of 11 Sentence 2 of 4 This sentence consists of one claim: “The Solicitor General repeats Roe’s claim that it is ‘“doubtful” . . . “abortion was ever firmly established as a common-law crime even with respect to the destruction of a quick fetus.”’ Brief for United States 26 (quoting Roe, 410 U.S., […]
Dobbs Sentences #107: Part II B 3
Paragraph 4 of 11 Sentence 1 of 4 The next sentence contains two simple claims here, but one of them is a doozy: “A few of respondents’ amici muster historical arguments, but they are very weak.” The claims: The first claim is verifiable, though it will take some work—some of which is hopefully undertaken in […]
Dobbs Sentences #106: Part II B 3
Paragraph 3 of 11 Sentence 2 of 2 One claim in the next sentence, but it addresses several angles: “The earliest sources called to our attention are a few district court and state court decisions decided shortly before Roe and a small number of law review articles from the same time period.36” Here are the […]
Cynical Jason 