con law: april 13 2010 class notes

intermediate scrutiny. 

VMI.http://en.wikipedia.org/wiki/Virginia_Military_Institute

the oldest state supported
the court calls the state out on the made up interests of opposition.
how would having a woman in the position screw things up?
it's not that the plaintiffs couldn't, they wouldn't be adversarial to women.

the arguments are funny cause they are pointing out the exact

"find the stereotype" analysis.... do we think that that would be stable? a way to get to more non-suspect views about men versus women.

an interest in differences between men and women... 
single race schools -- we know that we're in strict scrutiny.
but what about single sex schools?

the principle of single sex schools is only principled, until you start drawing the line.
o'connor says you're engaging in stereotype in VMI (though she doesn't feel that way about racial scrutiny)

illegitimacy.
the court has also assigned intermediate scrutiny to this as well.

fundmental rights.

the others:
- the right to vote
- independently protected constitutional liberty
- access to the courts

two points where gov't interest comes in:
strict scrutiny of activity that affects suspect class
fundamentalism... why???

maybe because it's a big project to get the gov't held to put education, housing, medical care would take soooo much more time and thought to evaluate if they were held to the level of strict scrutiny, unlike the fundamental rights and suspect class.