Is Craig v. Boren absent from Justice Ginsbur's Opinion in VMI?

[RJLipkin at aol.com]

David's explanation is  interesting and probably right. However, if so, 
aren't Rehnquist and Scalia  correct in challenging Justice Ginsburg's analysis in 
VMI?  More  important, in teaching VMI mustn't we discuss three important  
questions the opinion gives rise to: First, is the standard of review  in VMI 
intermediate scrutiny or some (unknown) standard between  intermediate scrutiny 
and strict scrutiny. Second, should VMI  serve as precedent for this renegade 
standard of review in future  cases? And third, what justifies Justice Ginsburg 
in fashioning such a new  standard, especially without explicitly stating 
that she's doing so? 
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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