Sonia Sotomayor: “In some situations, the Court looks at the action and applies a stricter scrutiny to the government's action.”

I respectfully dissent.

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…

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…

The benefits are immense.