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

[Earl Maltz]

In my view, tests like intermediate scrutiny and balancing tests are 
nothing more than devices that allow the Justice Powells of the world 
to  vindicate their political value judgments while comforting themselves 
with the illusion that they are applying distinctively legal principles.

Pedagogically, I tell my class in Constitutional Law that we are going to 
operate under a similar illusion in order that they may learn the structure 
of the arguments that, in rare cases, they may have to use as lawyers.

At 11:04 AM 3/28/2005 -0500, you wrote:
>         If Craig stands for a new standard of review (intermediate 
> scrutiny), and Justice Ginsburg is following the correct standard of 
> review in gender case, then it's seem necessary to cite Craig.  Hogan 
> used the new standard of review articulated in Craig in addition to the 
> "exceedingly persuasive" language.  VMI doesn't. If we believe that VMI 
> (and other gender cases) do not in "any sense turn[] on the language of 
> the standard of review," what role do the various standards of review 
> play in adjudication and pedagogy?
>
>Bobby
>
>Robert Justin Lipkin
>Professor of Law
>Widener University School of Law
>Delaware