Sonia Sotomayor: “I do not permit my sympathies, personal views, or prejudices to influence the outcome of my cases.”

I respectfully dissent.

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.

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

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…