Anti-choice activists already succeeded in changing the legal standards for assessing restrictions on a woman’s right to choose; in Casey (1992), the court abandoned the most exacting standard of legal review applied to fundamental rights, “strict scrutiny,” and instead implemented the less protective standard of asking merely whether a restriction imposes an “undue burden” on a woman’s right to choose. 33 A second avenue of attack on Roe is to restrict or eliminate altogether its protections for women’s health. Anti-abortion activists consider the protection of women’s health to be a “loophole” that must be closed. As they see.
