KBJ's case for 'progressive originalism' in Supreme Court debut draws rebuke

washingtonexaminer.com ^ | 10/6/2022 | Kaelan Deese

[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.

[originalbuckeye]

Let a computer draw the Congressional Districts maps, apportioned by population only. That is the only EQUAL way to do it. But ‘creating racially sensitive Districts’ is enshrined in our Laws now…..what racism?

[mad_as_he$$]

Will the computers be managed by Dominion?

[Ahithophel]

The 14th made us ALL into slaves essentially. . . The 14th created a new entity that never existed prior - the creation of the 'American citizen'.

Exactly, and 14th was requisite and foundational for even more diabolical and antithetical 16th.

[HKMk23]

WINNAH, WINNAH, CHICKEN DINNAH!!

ONLY took 34 posts before you ever-so-astutely pointed out the MOST glaring disconnect in her blather.

Framers? 14th and 15th Amendments?? Like — pfft! — we’re NOT talkin’ Bill of Rights, anymore, by that point!

It’s always interesting to see how easily the left sucks people into debating their points, in spite of these sorts of frequent Grand Canyon-esque factual impossibilities.

Are we THAT ready to engage the debate? Forget not seeing the forest for all the trees, this is next level — the leftist says the Sahara is too heavily wooded and we’re flying off to the backside of f’n Egypt to rev our chainsaws and swing our axes in the sand.

What next? Tilting at windmills?

[originalbuckeye]

NEVAH!

If Dominion corruption isn’t exposed more, Republicans may as well throw in the towel.

[Political Junkie Too]

This is what "racially sensitive districts" looks like.

This is a new (gerrymandered around Corpus Christi) district created after the 2010 reapportionment.

It went 61-38 for Obama in 2012, 59-37 for Clinton in 2016, but 51-47 for Biden in 2020. It is the district that flipped to Republican for the first time in 150 years when the people voted for Mayra Flores in June.

Here is an example of a district that was gerrymandered racially.

Florida CD-5 = Al Lawson (D-Tallahassee)

He supposedly represents Tallahassee, but his district runs all the way to Jacksonville?

The problem with the district is that it is long and narrow, spanning from Tallahassee to Jacksonville. Districts should be compact so that the people being represented share common issues.

It's hard to imagine that the people of Tallahassee (western panhandle, FSU, state government workers) have the same issues as the people of Jacksonville (Atlantic coastal, seaport, densest Florida city).

Here is Dan Crenshaw's (R-TX) old gerrymandered district from 2010 (includes Humble, Memorial, Montrose, Rice University):

Here is Lizzie Fletcher's (D-TX) current district. She used to represent the wealthiest neighborhoods and the so-called Energy Corridor when she took the seat from longtime Republican Rep. John Culberson, but was just gerrymandered to the south, giving River Oaks, Memorial, Katy, and the Energy Corridor back to Republican representation.

Her new district includes the liberal Montrose and Rice University sections that used to be in Dan Crenshaw's district (Crenshaw moved northwest to take over The Woodlands), plus the Asian and Hispanic sections of Ft. Bend County.

Here are other obviously racially gerrymandered districts across the country.

Debbie Dingell's current district:

Sheila Jackson Lee's district:

Alexandria Ocasio-Cortez' district:

Ayanna Pressley's district:

Rashida Talib's district:

Maryland CD3 = John Sarbanes (D-Baltimore).

Texas CD33 = Mark Veasey (D-Ft. Worth)

Illinois CD4 = Jesús "Chuy" Garcia (D-Chicago)

Texas CD35 = Lloyd Doggett (D-Austin)

Louisiana CD2 = Troy Carter (D-New Orleans)

Is this what "progressive originalism" is supposed to look like?

-PJ

[originalbuckeye]

I guess. I would love to see a population oriented map. I’m sure we would lose some Districts, but I’m sure others would make up for those lost.

[Michigan Bowhunter]

She doesn’t know her history. Progressives want to crush and remake history, not understand it. The framers were long dead when the 14th came along.....
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,”

[Tallguy]

She’s very chatty when it comes to race, but refuses to define the term ‘woman’. I guess she picks her spots.

[Alberta's Child]

Here’s another idea: eliminate House districts entirely. Have every House member represent his or her state as an at-large representative: Just put all the House candidates from a state on a ballot and rank them by the number of votes they get on Election Day. If your state has 10 House seats, then your ballot may have several dozen — or several hundred — names on it. The candidates are then ranked based on the number of votes they received on Election Day, and the top ten are the winners.

Some (maybe most) states operated this way in the early years of this country. I believe South Carolina was the last state to eliminate at-large House representation and use districts instead — in the 1820s.

If nothing else, this would eliminate a lot of stupidity in the political process and stop wasting time in state legislatures and courts.

[Alberta's Child]

After reading through the transcripts of the oral arguments before the Supreme Court in the two major COVID mandate cases earlier this year, I determined that Supreme Court justices may well be the dumbest people you’ll ever encounter in a professional setting.

If KBJ has the intellect and wisdom of a grapefruit, she might actually make the justices smarter collectively.

[Theophilus]

And then the next sentence, we get demoted to being: “subject”. The Federal Governemnt is the subject!

[TiGuy22]

Then we’re having all democrats elected in illinois by Chicago, like senators. No thanks.

[Skooz]

Not sure what she is trying to say ...

Neither does Affirmative Action Jackson.

The woman is grotesquely underqualified to serve as a SC Justice.

[WorksinKOP]

Took 34 replies to make the best point ! Only make mention because it Screams out. Good job.

[bert]

It’s a tossup, to be determined.

She’s Black and she’s a woman. as such, she has two agenda’s that have nothing to do with the law she is sworn to uphold.

I think that the Black agenda will prevail. She’s a professional Black, Black for a living

Political analysis

[Alberta's Child]

How do you figure that? Illinois has 12.7 million people. About 5.2 million live in all of Cook County. Illinois has 17 seats in the House of Representatives. You don’t think a single Republican could even finish in 17th place in an open statewide election?

Unlike a statewide race for senator or governor, the scenario I described is not a “winner take all” election. It’s more like an “everyone gets a gold medal as long as you finish in the top 17” contest.

[Vision]

The racist, not knowing what a women is judge has now created a cute term for just making up whatever she wants. How Democrat.

[C210N]

Big difference between persons and people. A ‘person’ can be a corporation, according to legal dictionaries. A ‘people’ can be, or apprised of, human beings. A ‘person’ can also be a public servant.

The Constitution’s usage of ‘person’ and ‘people’ are very carefully chosen.

[C210N]

The 14th was just one of many diabolical chips against We the People. It was the setup, perhaps for much worse, but the setup was a requirement.