I want to address a question I’ve seen pop up a few times about the draft opinion in Dobbs that overrules Roe v. Wade and Planned Parenthood v. Casey. One of the key questions in determining how courts should review challenges to laws (such as those restricting abortions) is what “standard of review” to apply. There are essentially three: strict scrutiny (applied for laws that appear to target certain traditionally disadvantaged minorities, e.g.), heightened scrutiny or undue burden standard (often applied in sex discrimination cases or previously in abortion cases, e.g.) and what’s called “rational basis” review, which applies to just about everything else. Laws rarely survive strict scrutiny by the Court; the approval by the Court of the internment of Japanese Americans in the
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