In his dissent, Justice Scalia recalled his prior dissent in "Casey" in which he had criticized the undue burden standard as "doubtful in application as it is unprincipled in origin." What constitutes an undue burden is a value judgment, argued Scalia; it should therefore be no surprise that the Court split on whether the Nebraska statute constitutes an undue burden. Scalia moreover chastised Kennedy for feeling betrayed by the majority. Scalia declared that the "Stenberg" decision was not "a regrettable misapplication of "Casey","—as Kennedy claimed—but ""Casey"'s logical and entirely predictable consequence". Denouncing the undue burden standard of "Casey" as illegitimate, Scalia called for "Casey" to be overruled.