Sonia Sotomayor: “We, as a Nation and a court of law, should be better than this.”

The majority’s opinion ends by reciting the many wonderful ways in which playing sports can be valuable to young people.

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…

I respectfully dissent.

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…