Sonia Sotomayor: “Court of Appeals is where policy is made. And I know -- and I know this is on tape and I should never say that because…”

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.

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…

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.