ed what standard the Court should employ in adjudging the constitutionality of VMI's practices. In cases involving racial discrimination, the Court had employed a "strict scrutiny" standard. The 4th Circuit had used in reviewing the adequacy of the VWIL program a "substantial comparability" test--i.e whether men at VMI and women at VWIL would obtain "substantively comparable benefits." Ginsburg rejected the substantial comparability test and said that, under the holding of the Court in Mississippi Univ. v. Hogan 458 U.S. 718 (1982), under which the Court (by a five-to-four margin) held that men could not be denied admittance to a state nursing school unless it could establish an "exceedingly persuasive justification" for the way in which the sexes were classified and establish that it "serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives." Ginsburg called this a "heightened review" standard but stopped short of app
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