Our newest Supreme Court justice, Ketanji Brown Jackson, made her debut with Merrill v. Milligan, a fight over redistricting in Alabama. As Joel Pollak writes at Breitbart, “Left-wing groups challenged the new map, arguing that it only guaranteed black voters, 28% of the population, one ‘majority-minority’ district out of seven total.” The state is arguing that it’s not possible to make another map that includes a “majority-minority” district without using race as the primary boundary factor, thus violating the 14th Amendment.
Jackson went for the “originalist” angle, saying that the 14th Amendment was intended to help blacks, meaning the authors of the amendment intended for race to be considered in making policy in order to promote equity.
Justice Jackson tells the Alabama solicitor general that the Framers of the 14th Amendment did NOT intend it to be “race neutral or race blind,” so taking race into account to protect minority voting rights is perfectly constitutional. Progressive originalism at work. pic.twitter.com/aCXAq2CnJu
— Mark Joseph Stern (@mjs_DC) October 4, 2022
For decades, conservative justices insisted the 14th Amendment demands a "color blindness," prohibiting race-conscious remedies designed to help racial minorities.
KBJ just directly challenged this claim on originalist grounds, arguing that it gets the history dead wrong.
— Mark Joseph Stern (@mjs_DC) October 4, 2022
Wow she's even dumber than I realized https://t.co/kkURrMMA55
— Tom Elliott (@tomselliott) October 4, 2022
The Supreme Court is hearing the Alabama redistricting case. One is reminded just how great a farce our racially gerrymandered districts are today when one considers the implied idea that only blacks can legitimately represent blacks, only Latinos can represent Latinos etc. (1/2)
— Joel Pollak (@joelpollak) October 4, 2022
Then one looks at the quality of the representatives to which this gerrymandered process condemns minority voters — with some exceptions. Incumbents become racial/ethnic gatekeepers and the electorate is stuck with them to a degree not true in other congressional districts. (2/2)
— Joel Pollak (@joelpollak) October 4, 2022
Judge Ketanji Brown Jackson attempted to make an “originalist” argument that because the 14th Amendment on equal rights intended to benefit former slaves, that means the Framers were ok with race-conscious policies that in present circumstances require racial discrimination (1/2)
— Joel Pollak (@joelpollak) October 4, 2022
This continues a trick Jackson tried to pull in her confirmation hearing of presenting herself as some kind of originalist. Unable to defeat the originalist argument, the legal left has tried to appropriate it by inventing some originalist foundation for any left-wing idea. (2/2)
— Joel Pollak (@joelpollak) October 4, 2022
In her defense, I was told that her primary qualification was not her legal capabilities.
— William Kelly (@thee_ppd) October 4, 2022
So equal rights of all citizens under the law means that we can treat them unequally by race? Ummmm…ok.
— Adriezy (@Adriezy1) October 4, 2022
That’s why we’ve evolved from wanting “equality” to working toward “equity.”
— Starchy Tuber (Potato/Potahto) (@MatJ21899680) October 4, 2022
Well, she’s right that they specifically had the former slaves in mind when constructing and passing the amendment but they did not stupidly word it to only apply to certain “minorities.” It was worded to protect everyone’s rights.
— Richard Murray (@rightiousindgnt) October 4, 2022
Malicious is the word I would use. She knows it's nonsensical.
— Ultra MAGA Deplorable Smirking Walter 🤡🌎 (@Slugbert) October 4, 2022
It’s like putting Joy Reid on the Supreme Court
— 🇺🇸Jamie🇮🇱 #JusticeForMalkiRoth (@JaRaNo1128) October 4, 2022
The 14th amendment extended rights and freedoms to all citizens, it forbade special treatment for one race over another. Democrats want Alabama to draw voting districts to favor black Americans because black Americans vote 92% Democrat. Corrupt as hell.
— LadyBird Justice (@LadybirdJustice) October 4, 2022
Dumb or just willing to distort and deceive to advance an agenda?
— Jiggery-Pokery (@BiffGizmo) October 4, 2022
So Jackson is a “progressive originalist” who believes the amendments were all about achieving racial equity with racist policies if necessary.
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Related:
Compare and contrast journos’ coverage of Ketanji Brown Jackson’s swearing in with their coverage of, say, Amy Coney Barrett’s [pic] https://t.co/XiD2zbmsNX
— Twitchy Team (@TwitchyTeam) October 4, 2022
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