United States v. Carolene Products Company - Debate And Dissent

Stone's doctrine came to be known as the "preferred freedoms" doctrine and sparked much legal debate. Even among the justices there was disagreement on both sides. Justice McReynolds dissented from the opinion entirely, while Justice Black refused to concur in the provisions of footnote four. He would have gone further than Stone in presuming the constitutionality of all laws passed by Congress. Later scholars debated the meaning of the phrase "discrete and insular minorities" and argued over whether whites, gays, and other groups claiming discrimination could demand strict scrutiny under this doctrine.