Supreme Court Justice Ketanji Brown Jackson stated that the “Reconstruction Amendments”, which were meant to be “race neutral,” was not intended to be color-blind.
What was her message?
Jackson used the “progressive initialist” methodology in oral arguments in Merrill V. Milligan, to discredit claims that “colorblind solutions” were available to questions regarding voter discrimination.
The case is centered on Alabama’s redistricting map. These maps show how lawmakers have gerrymandered some districts to be majority-black, despite the fact that they make up approximately 27% of Alabama’s population.
The question is whether Alabama’s “raceblind” method of drawing congressional district lines discriminates against minorities voters.
Jackson opposed the arguments of Alabama Solicitor General Edmund LaCour. Jackson stated that the Reconstruction Amendments (the 14th, 15th and 13th Amendments) were designed to offer a race-based solution to problems that ex slave states would otherwise reject to adopt.
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The justice said, “I don’t believe that we can assume that just causes of race are taken into account that it necessarily creates a equality protection problem.” ”
Jackson stated that she had studied the justifications for the post Civil War constitutional amends and it was “clear to me that the framers adopted (the 14th, 15th Amendment) the Equal Protection Clause in a race conscious manner.” ”
She said, “That we were trying to ensure that people who were discriminated during the Reconstruction period, The Freedman, were actually brought equality to all other members of the society.” ”
Jackson relied on the Report of the Joint Committee on Reconstruction as support for her thesis. It was written by the same legislators as the 14th Amendment.
She said that the report stated that the entire point of the amendment was to secure rights for freed ex-slaves. “The legislator who introduced the amendment stated that, “unless the Constitution should restrain those states, these states will all continue with this discrimination, crush to death the hated Freedman’. This is not a race-neutral solution. ”
Jackson continued by pointing out that Jackson also pointed out that the 14th Amendment was passed in order to provide a legal basis for the Civil Rights Act of 1866. The law stated specifically that citizens would have the same civil rights as white citizens. “This is the purpose behind the act: to ensure that black citizens enjoy the same civil rights enjoyed by white citizens.
What will you do for the court?
It’s too early to say. Vox noted that even conservative-leaning justices are skeptical of LaCour. The news outlet suggested that Brett Kavanaugh may be siding with liberal-leaning colleagues.
Alabama will win, but not by a large margin.