<P> Professor John Hart Ely in his book Democracy and Distrust famously characterized the Warren Court as a "Carolene Products Court ." This referred to the famous Footnote Four in United States v. Carolene Products in which the Supreme Court had suggested that heightened judicial scrutiny might be appropriate in three types of cases: </P> <Ul> <Li> those where a law was challenged as a deprivation of a specifically enumerated right (such as a challenge to a law because it denies "freedom of speech," a phrase specifically included in the Bill of Rights); </Li> <Li> those where a challenged law made it more difficult to achieve change through normal political processes; </Li> <Li> and those where a law impinged on the rights of "discrete and insular minorities ." </Li> </Ul> <Li> those where a law was challenged as a deprivation of a specifically enumerated right (such as a challenge to a law because it denies "freedom of speech," a phrase specifically included in the Bill of Rights); </Li> <Li> those where a challenged law made it more difficult to achieve change through normal political processes; </Li>

In 1986 the u.s. supreme court in a split decision