West Virginia v. B. P. J. · ¶149

When West Virginia enacted the ban, B. P. J. was nearing the end of fifth grade and preparing to enter middle school. B. P. J. was especially looking forward to joining the girls’ track team and running cross country, like many family members had before her. The middle school principal informed B. P. J.’s mother, however, that B. P. J. could not participate on either team because of the ban. This was true even though everyone who eventually tried out for the girls’ cross-country team made it, 1 id., at 456–457; 2 id., at 730, meaning that there were no “cuts,” and so this was not a “zero sum” situation, contra, ante, at 16.

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