6min chapter

Strict Scrutiny cover image

Roe is dead. Now what?

Strict Scrutiny

CHAPTER

Is This a Nod Justice Thomas?

The opinion also retains the claim that abortion providers and their lawyers basically made the court do this by claiming there was no daylight between overruling row and chief justice's position. The legal standard is rational basis review which courts should use when they determine whether abortion restrictions are constitutional. And it's not clear if states don't need to prove that law actually advances a legitimate interest in most importantly, i think the majority retain the claim that a state's legitimate interests include respect for pre-natal life at all stages of development.

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