Mary Case headshot
Professor Mary Anne Case

More than a quarter-century after its publication, a law review article by Professor Mary Anne Case was cited in a recent US Supreme Court opinion addressing sex classifications in school athletics.

In West Virginia v. B.P.J., the Court considered challenges to state laws restricting participation on girls’ and women’s sports teams based on sex. In a 6-3 decision, the Court upheld the laws at issue in West Virginia and Idaho.

Justice Sonia Sotomayor, in an opinion concurring in the judgment in part and dissenting in part, cited Case’s 1999 Cornell Law Review article, “The Very Stereotype the Law Condemns: Constitutional Sex Discrimination Law as a Quest for Perfect Proxies.”

“Indeed, ‘virtually every’ sex classification that this Court struck down in the last quarter of the 20th century was ‘overwhelmingly, though not perfectly, accurate,’” Sotomayor wrote, citing Case’s article.

Case, the Arnold I. Shure Professor of Law, focuses her scholarship on the regulation of sex, gender, sexuality, religion, and family.