Tag Archives: Undetermined
Dobbs Sentences #222: Part III
Paragraph 5 of 8 Sentence 2 of 2 This looks like one claim: “Barnette stands out because nothing had changed during the intervening period other than the Court’s belated recognition that its earlier decision had been seriously wrong.” And it seems like something that can’t be determined in a quick look. Three years passed between […]
Dobbs Sentences #219: Part III
Paragraph 4 of 8 Sentence 1 of 2 This sentence contains two claims: “In West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937), the Court overruled Adkins v. Children’s Hospital of D. C., 261 U.S. 525 (1923), which had held that a law setting minimum wages for women violated the ‘liberty’ protected by the […]
Dobbs Sentences #214: Part III
Paragraph 2 of 8 Sentence 6 of 6 This sentence contains three claims: “Therefore, in appropriate circumstances we must be willing to reconsider and, if necessary, overrule constitutional decisions.” The claims: I include the first word as a claim because it asserts that these two claims are true because of the claims in the preceding […]
Dobbs Sentences #213: Part III
Paragraph 2 of 8 Sentence 5 of 6 This sentence contains two claims: “An erroneous constitutional decision can be fixed by amending the Constitution, but our Constitution is notoriously hard to amend. See Art. V; Kimble, 576 U.S., at 456.” The claims: Here’s a link to the Constitution. And here’s the text of Article V: […]
Dobbs Sentences #211: Part III
Paragraph 2 of 8 Sentence 3 of 6 This sentence seems to contain three claims: “But when it comes to the interpretation of the Constitution—the ‘great charter of our liberties,’ which was meant ‘to endure through a long lapse of ages,’ Martin v. Hunter’s Lessee, 1 Wheat. 304, 326 (1816) (opinion for the Court by […]
Dobbs Sentences #209: Part III
Paragraph 2 of 8 Sentence 1 of 6 This sentence has three claims: “We have long recognized, however, that stare decisis is ‘not an inexorable command,’ Pearson v. Callahan, 555 U. S. 223, 233 (2009) (internal quotation marks omitted), and it ‘is at its weakest when we interpret the Constitution,’ Agostini v. Felton, 521 U.S. […]
Dobbs Sentences #208: Part III
Paragraph 1 of 8 Sentence 8 of 8 This sentence is two claims: “Precedent is a way of accumulating and passing down the learning of past generations, a font of established wisdom richer than what can be found in any single judge or panel of judges.” N. Gorsuch, A Republic, If You Can Keep It […]
Dobbs Sentences #207: Part III
Paragraph 1 of 8 Sentence 7 of 8 This sentence contains two claims: “And it restrains judicial hubris and reminds us to respect the judgment of those who have grappled with important questions in the past.” The claims: Both of these claims involve the thoughts and emotions of Supreme Court Justices, and I’m just not […]
Dobbs Sentences #206: Part III
Paragraph 1 of 8 Sentence 6 of 8 Once claim in this sentence: “It ‘contributes to the actual and perceived integrity of the judicial process.’ Ibid.” Restated for specificity: We just quoted this passage for the last sentence, but here it is again: “Stare decisis is the preferred course, because it promotes the evenhanded, predictable, […]
Dobbs Sentences #205: Part III
Paragraph 1 of 8 Sentence 5 of 8 Three closely-related claims here: “It fosters ‘evenhanded’ decisionmaking by requiring that like cases be decided in a like manner. Payne, 501 U.S., at 827.” Since the point has been made that stare decisis isn’t an “inexorable command,” I feel like the word “requiring” misstates the reality here. […]
Cynical Jason 