Talk:Intermediate scrutiny
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[edit] History of "Exceedingly Persuasive Justification?"
The article seems to imply that US v. Virginia (1996) created the "exceedingly persuasive justification" requirement, but Justice O'Connor, in delivering the opinion of the Court in Mississippi Univeristy for Women v. Hogan, 458 U.S. 718 (1982) also uses the "exceedingly persuasive justification" language:
"[T]he party seeking to uphold a statute that classifies individuals on the basis of their gender must carry the burden of showing an 'exceedingly persuasive justification' for the classification."
However, the phrase "exceedingly persuasive justification" is also placed in quotes, which may imply that she is citing an even earlier precedent. I'm not sure, but someone who knows more may care to check the facts on this one.
L3prador 00:12, 9 May 2006 (UTC)
