Georgetown University Law Center Scholarship @ GEORGETOWN LAW 1998 Skeptical Scrutiny Of Plenary Power: Judicial and Executive Branch Decision Making in Miller v Albright Cornelia T. Pillard Georgetown University Law Center,
[email protected] T. Alexander Aleinikoff This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/721 1 Sup. Ct. Rev. 1-70 (1998) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Immigration Law Commons, and the Military, War, and Peace Commons CORNELIA T. L. PILLARD AND T. ALEXANDER ALEINIKOFF SKEPTICAL SCRUTINY OF PLENARY POWER: JUDICIAL AND EXECUTIVE BRANCH DECISION MAKING IN MILLER v ALBRIGHT In 1996, just a few months after the United States successfully urged the Supreme Court in United States v Virginia' to invalidate as sex-discriminatory the male-only admissions policy at the Vir- ginia Military Institute, the District of Columbia Circuit in Miller v Albright2 upheld a federal law that used an express, sex-based Cornelia Pillard is Associate Professor of Law, Georgetown University Law Center. She is currently on leave to work in the U.S. Department ofJustice as Deputy Assistant Attorney General, Office of Legal Counsel. T. Alexander Aleinikoff is Professor of Law, Georgetown University Law Center. AUTHORS' NOTE: We would like to thank Catherine W. Brown, David D. Cole, Walter E. Dellinger III, Edward C. DuMont, Vicki C. Jackson, Edwin S. Kneedler, Martin S.