West Virginia v. B. P. J. · ¶185

The majority offers several reasons for concluding that the alleged inaccuracy that B. P. J. identifies does not matter at all and that further factual development is therefore unnecessary. To the majority, the fit here is simply good enough. In so concluding, the Court elevates the reasoning of earlier dissents and lowers the State’s burden for justifying the use of sex classifications in potentially all cases. Cf. Cisco Systems, Inc. v. Doe, 609 U. S. ＿＿＿, ＿＿＿ (2026) (SOTOMAYOR, J., dissenting) (slip op., at 23) (“‘When proponents of [previously rejected] arguments, greater now in number on the Court, return to fight old battles anew, it betrays an unrestrained disregard for precedent’”).

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