Tag Archives: Washington v. Glucksberg
Dobbs Sentences #170: Part II D 1
Paragraph 3 of 3 Sentence 1 of 5 This sentence is a single claim: “The dissent attempts to obscure this failure by misrepresenting our application of Glucksberg.” This is an awfully bitchy sentence for SCOTUS, isn’t it? It assigns “failure” to an action never attempted, for one thing. And an accusation of misrepresentation—that’s fun. Let’s […]
Dobbs Sentences #168: Part II D 1
Paragraph 2 of 3 Sentence 2 of 3 The next sentence is a single claim that merits close examination: “We have held that the ‘established method of substantive-due-process analysis’ requires that an unenumerated right be ‘“deeply rooted in this Nation’s history and tradition”’ before it can be recognized as a component of the ‘liberty’ protected […]
Dobbs Sentences #164: Part II D 1
Paragraph 1 of 3 Sentence 1 of 3 Part D opens with a single claim: “The dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a ‘“deeply rooted”’ one, ‘“in this Nation’s history and tradition.”’ Glucksberg, 521 U.S., at 721; see post, at 12–14 (joint […]
Dobbs Sentences #100: Part II B 2 d
Paragraph 1 of 1 Sentence 3 of 3 Here ends Part II B 2 d. With a sentence that is just one claim: “The Court in Roe could have said of abortion exactly what Glucksberg said of assisted suicide: ‘Attitudes toward [abortion] have changed since Bracton, but our laws have consistently condemned, and continue to […]
Dobbs Sentences #61: Part II B 2 a
Paragraph 4 of 8 Sentence 1 of 3 The next sentence seems to be making a purely logical point, but also cites another case as backup: “Although a pre-quickening abortion was not itself considered homicide, it does not follow that abortion was permissible at common law—much less that abortion was a legal right. Cf. Glucksberg, […]
Dobbs Sentences #39: Part II A 2
Paragraph 8 of 9 Sentence 4 of 4 The last sentence of this paragraph is basically a single claim, but there is a second suggestion that is a sort of claim: “As the Court cautioned in Glucksberg, ‘[w]e must . . . exercise the utmost care whenever we are asked to break new ground in […]
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 #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 […]
Cynical Jason 