Prof. Hamilton writes:
"'Legitimate' is one of the buzz words for
intermediate scrutiny."
This came as quite a surprise to me. I always thought
it was black-letter law that "legitimate" was part of
the rational-basis standard.
As recently as 2000, in Kimel v. Florida Bd of
Regents, the Supreme Court explicitly described
"rational basis review" as requiring government action
to be "rationally related to a legitimate state
interest."
Am I missing something about the word "legitimate"?
I also found Prof. Hamilton's subsequent message
perplexing, where she writes:
"[The Turner 'reasonably related to a legitimate
penological interest' standard] is not rationality
review, either. Once again, read Williamson. There
is a difference of opinion here on interpretation of
Supreme Court opinions. I believe that is where we
should leave it."
I've read Williamson, and I've looked carefully at the
language used in Turner and the rational basis cases,
and I'm still not understanding Prof. Hamilton's
argument.
Is she arguing that the Turner standard is not
rationality review because it says "reasonably
related" instead of "rationally related"? But see
Washington v. Glucksburg (using the terms "reasonable"
and "rational" interchangeably: "reasonable relation
to a legitimate state interest"; "rationally related
to legitimate government interests"; "Congress could
reasonably have determined"; "at least reasonably
related").
If not, what is the argument?
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