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KBJ's case for 'progressive originalism' in Supreme Court debut draws rebuke
Washington Examiner ^ | October 6, 2022 | Kaelan Deese

Posted on 10/07/2022 11:49:04 AM PDT by Twotone

Supreme Court Justice Ketanji Brown Jackson argues the framers of the 14th Amendment adopted it "in a race-conscious way," a position some legal experts say is subject to debate.

Jackson, the first black woman on the Supreme Court, began her first two days on the nine-member bench by speaking more than any other justices , in addition to a full four-minute statement in which she said the 14th Amendment used "race-conscious" remedies to make freedmen equal to white citizens. The issue at hand involved a challenge to Alabama 's 2021 congressional district map, which a lower court held was a racial gerrymander because it only contained one majority-black district out of the state's seven.

“I don’t think we can assume that just because race is taken into account, that that necessarily creates an equal protection problem,” Jackson said during oral arguments Tuesday in the case Merrill v. Milligan .

“Because I understood that we looked at the history and traditions of the Constitution and what the framers and founders thought about, and when I drilled down to that level of analysis, it became clear to me that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way," Jackson added.

Jackson cited a quote from a legislator who introduced the 14th Amendment and explained that it was enacted to give a constitutional basis to the Civil Rights Act of 1866 that was "designed to make people who had less opportunity and less rights equal to white citizens."

“I looked at the report that was submitted by the Joint Committee on Reconstruction, which drafted the 14th Amendment, and that report says that the entire point of the amendment was to secure rights of the freed former slaves,” she added.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: 14thamendment; kbj; race; supremecourt
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1 posted on 10/07/2022 11:49:04 AM PDT by Twotone
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To: Twotone

Oh I see, equal protection and due process under the law unless you’re black. Then you get ADDED protection and ZERO protection?


2 posted on 10/07/2022 11:50:34 AM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: Twotone

The new Commie on the Court sure has a lot to blather about, don’t she.


3 posted on 10/07/2022 11:50:37 AM PDT by quikstrike98
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To: Twotone

Good F’n Grief!! Now we have a black version of AOC on the highest court in the land.


4 posted on 10/07/2022 11:52:43 AM PDT by technically right
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To: quikstrike98

she is almost right, the amendment extended to blacks equal protection under the law that white already had and still have.

It would take a pretty ignorant person to say only blacks have a constitutional right to equal protection.


5 posted on 10/07/2022 11:56:24 AM PDT by TexasFreeper2009
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To: Twotone

Ah, the old “pick a desired result and then massage evidence to prove it” thing.


6 posted on 10/07/2022 11:56:25 AM PDT by SaxxonWoods (The only way to secure your own future is to create it yourself.)
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To: Twotone

I now understand how she doesn’t know what a woman is. She’s blinded by racism, her own racism.


7 posted on 10/07/2022 11:57:12 AM PDT by ConservativeInPA ( Scratch a leftist and you'll find a fascist )
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To: quikstrike98

Those who know do not speak. Those who speak do not know. - Lao-Tzu


8 posted on 10/07/2022 11:59:19 AM PDT by RatRipper
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To: ConservativeInPA

How in the world does she know what race is if she’s not an epidemiologist? LOL


9 posted on 10/07/2022 11:59:52 AM PDT by Tell It Right (1st Thessalonians 5:21 -- Put everything to the test, hold fast to that which is true.)
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To: Twotone

Listening to her “reasoning,” it’s obvious that she’s utterly mystified by the text in those amendments, though they’re written on about a 5th grade level.

This is the best the Dems could find?


10 posted on 10/07/2022 12:00:09 PM PDT by Skooz (Gabba Gabba accept you we accept you one of us Gabba Gabba we accept you we accept you one of us )
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To: Twotone

LOL - “Progressive originalism” = “what they really meant ‘evolves’”.


11 posted on 10/07/2022 12:00:45 PM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX)
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To: Twotone

I’m so tired of black people.

I might move to the Arctic Circle to just get away, and I hate the cold.


12 posted on 10/07/2022 12:01:28 PM PDT by EEGator
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To: Twotone

“… began her first two days on the nine-member bench by speaking more than any other justices…”
********************************************************************

I suspect there will be decades of this.


13 posted on 10/07/2022 12:02:26 PM PDT by House Atreides (I’m now ULTRA-MAGA-PRO-MAX)
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To: RatRipper

Tao Te Ching?


14 posted on 10/07/2022 12:03:04 PM PDT by EEGator
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To: NohSpinZone
Oh I see, equal protection and due process under the law unless you’re black. Then you get ADDED protection and ZERO protection?

Silly, don't you see that when you start from a lower point in life, you need to be lifted up more in order to become equal.

I'm sure just 40 or 50 more years of 'affirmative action' should do it...

15 posted on 10/07/2022 12:06:54 PM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
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To: Twotone

Yeah, but did she figure out what a woman is? Might come in handy if she has to rule on any women’s rights cases.


16 posted on 10/07/2022 12:07:55 PM PDT by Perseverando (Antifa, BLM, RINOs, Islamonazis, Marxists, Commucrats, DemoKKKrats: It's a Godlessness disorder!)
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To: Twotone

Great, Meghan Markle on the Supreme Court.


17 posted on 10/07/2022 12:08:20 PM PDT by ImJustAnotherOkie (Let's go Brandon)
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To: Twotone

The amendment that stopped discrimination is racist, so the only way to stop racism is to discriminate.

Got it.


18 posted on 10/07/2022 12:13:28 PM PDT by seowulf (Civilization begins with order, grows with liberty, and dies with chaos...Will Durant)
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To: Twotone
CRT and Wokeism combine to produce an ideology based on the principle that Whitey is responsible for the evils of the world and, accordingly, non-White minorities, particularly those who are descendants of American slaves, deserve all the wealth accumulated by Whitey.

This is what our schools and colleges are spreading.

Pure Marxism.

19 posted on 10/07/2022 12:14:46 PM PDT by RoosterRedux
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To: EEGator

My Chinese ebonics are not too good. . . .


20 posted on 10/07/2022 12:16:27 PM PDT by RatRipper
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