In Korematsu the Court gave a pass to an odious, gravely injurious racial classification authored by an Executive order and basically the Court invoked an ill-defined national security threat to justify an exclusionary policy in sweeping proportion.
Sotomayor criticized the Court's past decisions on racial classifications under national security.
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The majority’s opinion ends by reciting the many wonderful ways in which playing sports can be valuable to young people.
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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