Sonia Sotomayor: “Thus, the majority subjects a law that plainly discriminates on the basis of sex to mere rational-basis review.”

Because of the Court’s decision today, West Virginia, and any other state actor, can deny B. P. J. and others like her these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they do…

I respectfully dissent.

In the end, to the Court, the facts do not matter, even though the consequences are serious.

If we're unsure of your characterization, because there's certainly a number of amici brief who disagree with that characterization, shouldn't we be certifying this question to the Colorado court instead of us deciding it? We have to be…