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 ...
LOL, just remember to keep it real...nomsayin’?
The first time she opens her ugly mouth as a Justice and she proves her(???)self wholly unqualified.
This is an interesting case and even from a staunch conservative such as myself, not a slam dunk either way.
The more extensively you analyze it, the deeper you find yourself in the weeds.
what?
clearly the 14th amendment is about abortion and gay marriage
progressive originalism
how orwellian
equity for all....well, for some anyway
or an anthropolgist
They put a retard commie on the bench just because she is black. (Well that, and a commie)
What did anyone expect? This mental midget is in a position to do great damage to what is left of our country.
“secure rights of the freed former slaves”
They are no former slaves alive today that this would apply to.
They are just plain old Americans.
It is not for any other equity or equality.
It was for former Slaves. It wasn’t about color, it was forced servitude that mattered.
“Ketanji, you don’t see no slaves ‘round here anymo’”
Just another planted BLM communist loud mouth trashing the Founding Fathers and our Constitution. How you going to handle this one, Roberts? She’s going to destroy the SCOTUS from within.
Behold the wisdom and fruits of pandering and tokenism.
KNJ needs to be reminded that not everyone else in the world is obsessed with race.
So her argument is that in the 1860s legislators were positing affirmative action as a foundation for the 14th amendment to assure that discrimination is a tool to protect against the discrimination it prohibits. None of these legislators, or anyone in American society, had any notion of the affirmative action concepts developed by the Congress in the 1960s and she cannot make up the fiction that we will take affirmative action concepts developed by 1960s legislators and retroactively assign those notions to 1860s legislators as their intent in drawing up the 14th amendment. They had no such intention. Tortured logic to get her to the result she wants to uphold race preferences in admissions.
She’s a fool, and by opening her mouth she has removed any doubt that she’s a fool.
Whatever happened to shut up, listen, and learn before you open your mouth
The Dunning-Kruger Effect is on full display.
She defines equality as equity, not understanding the difference.
Congressman John A. Bingham of Ohio, the primary author of the first section of the 14th Amendment, intended that the amendment also nationalize the Bill of Rights by making it binding upon the states.
14th Amendment to the U.S. Constitution: Civil Rights (1868)...
Would Merrick arrest protesters who show up to her house?
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