United States v. Virginia
United States v. Virginia | |
---|---|
Holding | |
| |
Court membership | |
| |
Case opinions | |
Majority | Ginsburg, joined by Stevens, O'Connor, Kennedy, Souter, Breyer |
Concurrence | Rehnquist (in judgment) |
Dissent | Scalia |
Thomas took no part in the consideration or decision of the case. | |
Laws applied | |
U.S. Const. amend. XIV |
United States v. Virginia, 518 U.S. 515 (1996), is a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision. Justice Clarence Thomas, whose son was enrolled at the university at the time, recused himself.[1]
Majority decision
Writing for the majority, Justice
Justice Ginsburg found, however, that the VWIL would not provide women with the same type of rigorous
Rehnquist concurrence
Chief Justice William Rehnquist wrote a concurrence agreeing to strike down the male-only admissions policy of the Virginia Military Institute, as violative of the Fourteenth Amendment's Equal Protection Clause.[3] However, he declined to join the majority opinion's basis for using the Fourteenth Amendment, writing: "Had Virginia made a genuine effort to devote comparable public resources to a facility for women, and followed through on such a plan, it might well have avoided an equal protection violation."[3] This rationale supported separate but equal facilities separated on the basis of sex: "[I]t is not the 'exclusion of women' that violates the Equal Protection Clause, but the maintenance of an all-men school without providing any—much less a comparable—institution for women ... It would be a sufficient remedy, I think, if the two institutions offered the same quality of education and were of the same overall caliber."[3]
Scalia dissent
Justice Scalia's lone dissent argued that the standard applied by the majority was closer to a strict scrutiny standard than the intermediate scrutiny standard applied to previous cases involving equal protection based on sex. Notably, however, the opinion for the Court eschewed either standard; its language did not comport with the "important governmental interest" formula used in prior intermediate scrutiny cases. Scalia argued: "[I]f the question of the applicable standard of review for sex-based classifications were to be regarded as an appropriate subject for reconsideration, the stronger argument would be not for elevating the standard to strict scrutiny, but for reducing it to rational-basis review."[1]
Scalia made sure to provide Ginsburg with a copy of his dissent as quickly as he could, in order for her to better respond to it in her majority opinion.[4][5] Ginsburg later recalled that Scalia "absolutely ruined my weekend, but my opinion is ever so much better because of his stinging dissent".[6]
Aftermath
As the senior justice,
Following the ruling, VMI contemplated going private to exempt itself from the 14th Amendment, and thus this ruling. The
VMI was the last all-male public university in the United States.[1][11] Justice Ginsburg told cadets of the Virginia Military Institute in 2018 that she knew her opinion “would make VMI a better place”.[9] She also thought that those who were initially opposed would learn from their women classmates “how much good women could do for the institution.” [9]
See also
- Mississippi University for Women v. Hogan
- List of United States Supreme Court cases, volume 518
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
References
- ^ ISBN 0-7006-1164-9.
- ^ Biskupic, Joan (June 27, 1996). "Supreme Court Invalidates Exclusion of Women by VMI". The Washington Post. Archived from the original on May 27, 2016. Retrieved July 12, 2016.
- ^ a b c d e "United States v. Virginia :: 518 U.S. 515 (1996) :: Justia U.S. Supreme Court Center". Justia Law.
- ^ Senior, Jennifer (September 22, 2020). "The Ginsburg-Scalia Act Was Not a Farce". The New York Times. Retrieved 2020-09-22.
- ^ Brady, Terri (December 4, 2020). "How the "Notorious R.B.G." Used Persuasion to Advance Equality". The University of Chicago Harris School of Public Policy. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
- ^ Carmon, Irin (February 13, 2016). "What made the friendship between Scalia and Ginsburg work". The Washington Post. Retrieved 2020-09-22.
- ISBN 978-0062238467.
- ^ National Public Radio. Archived from the originalon March 20, 2022. Retrieved March 20, 2022.
- ^ a b c Ehrlich, Jamie (September 18, 2020). "Ruth Bader Ginsburg's most notable Supreme Court decisions and dissents". CNN. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
- ^ "United States Code § 2111a. Support for senior military colleges". Retrieved 13 August 2011.
- ^ "United States v. Virginia, 518 U.S. 515 (1996): Justia Opinion Summary and Annotations". Justia. Archived from the original on January 21, 2023. Retrieved January 21, 2023.
Further reading
- Bowsher, David K. (November 1998). "Cracking the Code of United States v. Virginia". Duke Law Journal. 48 (2). Duke University School of Law: 305–339. JSTOR 1373108.
- Stobaugh, Heather L. (Fall 2002). "The Aftermath of United States v. Virginia: Why Five Justices are Pulling in the Reins on the 'Exceedingly Persuasive Justification'". SMU Law Review. 55 (4): 1755–1779. ISSN 1066-1271. Retrieved 23 December 2012.
- Strum, Philippa (2002). Women in the Barracks: The VMI Case and Equal Rights. Lawrence, Kan.: University Press of Kansas. OCLC 47849408.
- Stockel, Eric J. (1996). "Note, United States v. Virginia: Does Intermediate Scrutiny Still Exist?" 13 TOURO L. REV. 229 (1996)
External links
- Text of United States v. Virginia, 518 U.S. 515 (1996) is available from: Cornell Findlaw Justia Library of Congress Oyez (oral argument audio)