I think that Fitzgerald is a good candidate for immortalization in a constitutional 
law casebook becaue it is a) short; b) unanimous; and c) drains the "minimum 
rationality" doctrine of any content (other than sheer lunach) inasmuch as it allows 
rational statutes to have multiple objectives that are in tension with one another.  
My previous "favorite" minimum rationality case is Dallas v. Stanglin (dealing with 
the difference between roller rinks and dance halls), and I may stick with that 
because of the parochial Texas connection, but Fitzgerald, with its distinction 
between race tracks and riverboat casinos, is certainly tempting (and it has the 
virtue of contemporarniety).

sandy

Reply via email to