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 ...
Oh I see, equal protection and due process under the law unless you’re black. Then you get ADDED protection and ZERO protection?
The new Commie on the Court sure has a lot to blather about, don’t she.
Good F’n Grief!! Now we have a black version of AOC on the highest court in the land.
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.
Ah, the old “pick a desired result and then massage evidence to prove it” thing.
I now understand how she doesn’t know what a woman is. She’s blinded by racism, her own racism.
Those who know do not speak. Those who speak do not know. - Lao-Tzu
How in the world does she know what race is if she’s not an epidemiologist? LOL
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?
LOL - “Progressive originalism” = “what they really meant ‘evolves’”.
I’m so tired of black people.
I might move to the Arctic Circle to just get away, and I hate the cold.
“… began her first two days on the nine-member bench by speaking more than any other justices…”
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I suspect there will be decades of this.
Tao Te Ching?
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...
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.
Great, Meghan Markle on the Supreme Court.
The amendment that stopped discrimination is racist, so the only way to stop racism is to discriminate.
Got it.
This is what our schools and colleges are spreading.
Pure Marxism.
My Chinese ebonics are not too good. . . .
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