West Virginia v. B. P. J. · ¶187

The majority’s analysis starts, and largely ends, with a single premise. As the majority tells it, because the important governmental interests behind laws subject to heightened scrutiny need to be furthered only in most (and not all) applications of a given classification, the fact that B. P. J. has identified some applications in which the State’s interests may not be furthered does not and cannot give rise to an equal protection violation. See ante, at 18– 22. The majority acts as if the Court is having this debate for the first time or that B. P. J. is asking for something new here. It is not, and she is not.

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