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KBJ's case for 'progressive originalism' in Supreme Court debut draws rebuke
washingtonexaminer.com ^ | 10/6/2022 | Kaelan Deese

Posted on 10/06/2022 8:22:23 PM PDT by bitt

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.

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


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections; US: Wisconsin
KEYWORDS: 14thamendment; 15thamendment; 1619project; 2ndamendment; abortion; anthonyfauci; anwr; badamendment; banglist; bidenflation; blackkk; blackliesmanors; blackliesmatter; blacklivesmatter; blm; covidstooges; criticalracetheory; crt; defundthepolice; diversityjudge; ecoterrorism; ecoterrorists; ericadams; fifteenthamendment; fourteenthamendment; globalwarminghoax; greennewdeal; ketanjibrownjackson; keystonexl; neoracism; newyork; newyorkcity; nra; obamacare; opec; paulryan; plannedparenthood; progressiveracism; racismbyanyothername; righttolife; roevswade; scotus; secondamendment; supremecourt; unqualifiednegress; vaccinemandates; whatisawoman; wisconsin
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1 posted on 10/06/2022 8:22:23 PM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


2 posted on 10/06/2022 8:22:41 PM PDT by bitt (<IMG SRC=' 'width=50%>)
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To: bitt

Gee, her pro racist stand is ‘unexpected’


3 posted on 10/06/2022 8:24:25 PM PDT by dynachrome (“We cannot save Ukraine by dooming the US economy.” Rand Paul)
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To: bitt

Ignore this moron. She can’t even say what a woman is.


4 posted on 10/06/2022 8:24:48 PM PDT by Gnome1949
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To: bitt

Isn’t this the dope who claimed to not know what a woman is?

the rest of SCOTUS should just ignore her.


5 posted on 10/06/2022 8:25:09 PM PDT by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: bitt

I don’t understand these maps...Draw a damn line every mile or whatever miles would divide it equally....and that’s it...


6 posted on 10/06/2022 8:25:14 PM PDT by Sacajaweau ( )
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To: bitt

Not sure what she is trying to say but basically she is trying to justify that the Democrats can do whatever they want?


7 posted on 10/06/2022 8:26:52 PM PDT by MinorityRepublican
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To: bitt

All this “wisdom” and yet she can’t define...or identify...a woman.


8 posted on 10/06/2022 8:26:53 PM PDT by Gay State Conservative (I Miss Jimmy Carter)
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To: bitt

RGB woul die of embarrassment if not already dead. What a lightweight.


9 posted on 10/06/2022 8:29:53 PM PDT by jdsteel (PA voters: it’s Oz or Fetterman. Deal with it and vote accordingly.)
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To: bitt
I hope she remembered to clean the toilets and mop the break room.

10 posted on 10/06/2022 8:31:26 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: bitt
Affirmative Action, in action.

#ClownWorld
#Idiocracy

11 posted on 10/06/2022 8:32:24 PM PDT by Sicon ("All animals are equal, but some animals are more equal than others." - G. Orwell)
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To: bitt

Truly kooky leftist mumbo jumbo on the Supreme Court.


12 posted on 10/06/2022 8:38:06 PM PDT by Williams (Stop Tolerating The Intolerant)
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To: bitt
She gets the actual diabolical purpose of the 14th A wrong, but then most everyone does.

The 13th freed the slaves. The 14th made us ALL into slaves, essentially. The 14th created a new entity that never existed prior - the creation of the 'American citizen'. Prior to the 14th, The People were citizens of the several (severable) states. With the 14th, People were BOTH citizens of the state of their domicile PLUS an American citizen. The 17th was not the only amendment to destroy states rights... the 14th took out a big notch of it.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ***and*** of the State wherein they reside.

13 posted on 10/06/2022 8:40:08 PM PDT by C210N (Everything will be okay in the end. If it’s not okay, it’s not the end.)
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To: bitt

Just what we need, a racist on the Supreme Court.


14 posted on 10/06/2022 8:41:42 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: bitt

There’s no such thing.


15 posted on 10/06/2022 8:42:29 PM PDT by TBP (Decent people cannot fathom the amoral cruelty of the Biden regime.)
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To: bitt

What a racist, steaming piece of excrement. Looks like we’re stuck with this one for a long time. Let her be a constant reminder to Americans that elections have consequences and stolen elections have catastrophic consequences.


16 posted on 10/06/2022 8:47:56 PM PDT by ConservativeInPA ( Scratch a leftist and you'll find a fascist )
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To: bitt

She apparently suffers from Chronic Perceived Racism Syndrome. The other justices are going to need good earplugs whenever this dufus opens her mouth and drones on and on and on without lucidity.


17 posted on 10/06/2022 8:50:54 PM PDT by DennisR (Look around - God gives countless clues that He does, indeed, exist.)
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To: Gnome1949

“Ignore this moron. She can’t even say what a woman is.”

The rhetoric is different. But this is actually close to Robert Bork’s position on the post-civil war amendments.


18 posted on 10/06/2022 8:54:26 PM PDT by ModelBreaker
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To: AnthonySoprano; GOPJ; DoughtyOne

I hope the GOP takes back the senate next month, just in case Thomas or Alito....


19 posted on 10/06/2022 9:19:42 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: C210N

Thanks for this observation.


20 posted on 10/06/2022 9:25:09 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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