More than ever, we have to get up and explain and repeat and explain again why judicial independence is critical to everyone’s freedom, because arbitrary power is just that, and it means that anyone is going to be subject to unfairness at someone else’s whim.
Stresses the importance of explaining judicial independence for freedom.
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The ban is absolute, so B. P. J. cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could…
In the end, to the Court, the facts do not matter, even though the consequences are serious.
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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.
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