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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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To: bitt

“Progressive originalism” is an oxymoron.

This birthing person has been educated beyond the point of imbecility.


21 posted on 10/06/2022 9:28:04 PM PDT by bimboeruption (Trump = The best President since Washington. )
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To: Gnome1949

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

But oh my Lordy, that thing can talk for three days from Sunday .


22 posted on 10/06/2022 9:33:54 PM PDT by drSteve78 (Je suis Deplorable STILL)
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To: ModelBreaker

Play stupid games and you win stupid prizes. That’s why this election matters.


23 posted on 10/06/2022 9:33:55 PM PDT by theyreallthesame
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To: Gnome1949

Be assured, SheIdiot figures out at least once a month....


24 posted on 10/06/2022 9:40:58 PM PDT by cranked
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To: bitt

This sort of commentary from Justice Ketanji Brown Jackson is going to put us all on a collision course with the knowledge that many of the Founding Fathers themselves were favorable to abolitionism. Some were actual abolitionists. That knowledge won’t bode well for progressives who want to keep the canard alive that the Founders were racists.

I suspect that’s not where she intends the argument to go, but that is one likely outcome.

It depends on how quickly we can educate each other about those aspects of the Founding Fathers that progressives have purposefully erased from the history books and school/educational courses.


25 posted on 10/06/2022 9:46:15 PM PDT by ProgressingAmerica (A man's rights rest in 3 boxes. The ballot box, jury box and the cartridge box.- Frederick Douglass)
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To: bitt

Hey, nice start! Now who will be impeached first, Brandon or KBJ?


26 posted on 10/06/2022 9:48:56 PM PDT by immadashell (Save Innocent Lives: Ban Gun Free Zones)
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To: bitt
........a lower court held was a racial gerrymander because it only contained one majority-black district out of the state's seven.

So, was the lower court arguing that in order to avoid one racial gerrymander, one must create a different racial gerrymander?

27 posted on 10/06/2022 10:13:20 PM PDT by jimtorr
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To: ding_dong_daddy_from_dumas

Same here, but the Republicans record on denying the
Democrats their choice, hasn’t been good.

They Dems go for the juggler and we play nice.


28 posted on 10/06/2022 10:16:11 PM PDT by DoughtyOne (I pledge allegiance the flag of the U S of A, and to the REPUBLIC for which stands.)
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To: bitt

I would think this argument means anchor babies should not be awarded citizenship based solely on the geographic location of their birth.


29 posted on 10/06/2022 10:18:25 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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Comment #30 Removed by Moderator

To: bitt

Some folks sure know how to prove what a great idea it was to
put them in positions of power, being the first Black this or
that, like Obama and this moron.

All they have done is track mud over the respected office
they were tragicly place in.


31 posted on 10/06/2022 10:23:37 PM PDT by DoughtyOne (I pledge allegiance the flag of the U S of A, and to the REPUBLIC for which stands.)
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To: drSteve78
"But oh my Lordy, that thing can talk for three days from Sunday ."

The functional equivalent of "White Noise."
32 posted on 10/06/2022 10:43:04 PM PDT by clearcarbon (Fraudulent elections have consequences.)
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To: bitt

This POS is the most evil & dangerous woman the SCOTUS has ever dealt with...

The communist fox is clearly in the henhouse now...


33 posted on 10/06/2022 10:54:53 PM PDT by SuperLuminal
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To: bitt

“… that the framers themselves adopted the equal protection clause, the 14th Amendment, the 15th Amendment in a race-conscious way,” Jackson added.”

Ummmm…. The framers of the Constitution had nothing to do with those amendments nearly a hundred years later.

And she doesn’t know what a woman is, either.


34 posted on 10/06/2022 11:17:01 PM PDT by VanShuyten ("...that all the donkeys were dead. I know nothing as to the fate of the less valuable animals)
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To: bitt

This “woman” with a goofy name was chosen because her name would telegraph to all black progressives from Yorba Linda that she is definitely black.


35 posted on 10/06/2022 11:27:30 PM PDT by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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To: bitt

What did we expect from her? Now we know for sure.


36 posted on 10/06/2022 11:39:16 PM PDT by MadMax, the Grinning Reaper (Figures )
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To: ifinnegan
I would think this argument means anchor babies should not be awarded citizenship based solely on the geographic location of their birth.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States"

"And subject to the jurisdiction thereof". Why would they insert that clause if it didn't mean anything? If they intended that visitors or invaders could produce a citizen just by giving birth?

37 posted on 10/07/2022 12:11:35 AM PDT by SauronOfMordor (A Leftist can't enjoy life unless they are controlling, hurting, or destroying others)
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To: bitt

I foresee her impeachment in the not to distant future.


38 posted on 10/07/2022 12:36:02 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: C210N
The 14th created a new entity that never existed prior - the creation of the 'American citizen'.

I realize this is when the term was introduced but what practical effect did it have?

Does the Constitution define any additional duties for ‘citizens’ that didn’t already exist?

Did this in some way diminish the value of state citizenship?

I’m just not seeing the impact of saying we’re also citizens of the nation.

39 posted on 10/07/2022 12:48:28 AM PDT by semimojo
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To: C210N
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.

This is clearly wrong.

Article I Section 2

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Article I Section 3

No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Article II Section 1

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President...
Article III Section 2 (later modified by the 11th amendment)

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Amendment 11

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Article IV Section 2

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Amendment 14

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.
As you can see throughout the original text of the Constitution, Article I refers to "citizens of the United States" and "inhabitants of that state". However, Article III (and subsequently Amendment 11) referred to "citizens of the state."

This shows that the Framers of the Constitution implied that "We the People of the United States" were citizens of the "United States of America" and also citizens of our respective states prior to the ratification of the 14th amendment.

As a side note, the phrase "United States of America" only occurs three times in the Constitution, in the Preamble, in Article II Section 1, and in Article VII. Constitutionally speaking, the people were never referred to as "American citizens," but as "Citizens of the United States."

-PJ

40 posted on 10/07/2022 1:28:55 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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