Sonia Sotomayor: “It is inconceivable to me today that a decision permitting the detention/arrest of an individual solely on the basis of…”

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

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 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…

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.