Sonia Sotomayor: “The gamesmanship in this request is apparent and the Government makes no attempts to hide it.”

Congress created the Department, and only Congress can abolish it.

Today, the Court discards that democratic regime in favor of one that distorts the structure of Government to fit the majority’s theory of unitary, total executive control.

Because the Court today errs by reducing the burden, at least in the sports context, that the Constitution places on state actors when classifying based on sex, I respectfully dissent.

The majority apparently deems it more important to free the Government from paying employees it had no right to fire than to avert these very real harms while the litigation continues.