QUESTION: Carolene Products and Lee Optical = rational basis/ deferential reivew
ANSWER: I agree.
QUESTION: Griswold= strict scrutiny
ANSWER: Agreed.
QUESTION: Roe= Strict scrutiny
ANSWER: Agreed.
QUESTION: Casey= intermediate scrutiny (it seems that the court is rejecting the use of strict scrutiny for abortion cases in favor of an "undue burden" analysis which i am guessing is some form of intermediate scrutiny)
ANSWER: I would say Casey just does not really plot on this graph. It is different. The "undue burden" standard, in a sense, is a specific translation of the protection of the woman's fundamental right in light of the state's legitimate (and perhaps more than that) interest in the fetus. I'm not sure we can say much more than that in terms of where it "fits."
QUESTION: Also, in regards to footnote 4 in Carolene Products, does Stone mean that in those three situations (the right is enumerated, effects political process, aimed at discrete/insular minorities) that strict scrutiny should be used instead of deferential review or was he merely saying that something more then deferential review should be used w/o actually specifying what standard should be used instead?
QUESTION: Also, in regards to footnote 4 in Carolene Products, does Stone mean that in those three situations (the right is enumerated, effects political process, aimed at discrete/insular minorities) that strict scrutiny should be used instead of deferential review or was he merely saying that something more then deferential review should be used w/o actually specifying what standard should be used instead?
ANSWER: Given that this was purely dicta, he was not getting so specific. I think he was generally suggesting that, in these circumstances, some level of more aggressive judicial review, something certainly more than rational basis, may be appropriate. But, given the context, he had no reason to be any more detailed than this.