Breyer, Sotomayor, and Kagan, JJ., dissenting
So how does that approach prevent the "scale of justice" from "waver [ing] with every new judge's opinion"? 1 Blackstone 69. It does not. It makes radical change too easy and too fast, based on nothing more than the new views of new judges. The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them. The majority thereby substitutes a rule by judges for the rule of law.
A
Contrary to the majority's view, there is nothing unworkable about Casey's "undue burden" standard. Its primary focus on whether a State has placed a "substantial obstacle" on a woman seeking an abortion is "the sort of inquiry familiar to judges across a variety of contexts." June Medical Services L. L. C. v. Russo, 591 U. S. __, __ (2020) (slip op., at 6) (Roberts, C. J., concurring in judgment). And it has given rise to no more conflict in application than many standards this Court and others unhesitatingly apply every day.
General standards, like the undue burden standard, are ubiquitous in the law, and particularly in constitutional adjudication. When called on to give effect to the Constitution's broad principles, this Court often crafts flexible standards that can be applied case-by-case to a myriad of unforeseeable circumstances. See Dickerson, 530 U. S., at 441 ("No court laying down a general rule can possibly foresee the various circumstances" in which it must apply). So, for example, the Court asks about undue or substantial burdens on speech, on voting, and on interstate commerce. See, e.g., Arizona Free Enterprise Club's Freedom Club PAC v. Bennett, 564 U. S. 721, 748 (2011); Burdick v. Takushi, 504 U. S. 428, 433-434 (1992); Pike v. Bruce Church, Inc., 397 U. S. 137, 142 (1970). The Casey undue burden standard is the same. It also resembles general standards that courts
