Wednesday, October 5, 2022

Ketanji Brown Jackson uses progressive originalism to defend the Voting Rights Act.

Jackson went on to note that one purpose of the 14th Amendment was to provide a constitutional foundation to the Civil Rights Act of 1866, which "specifically stated that citizens would have the same civil rights as enjoyed by white citizens. That's the point of that act, to ensure that the other citizens, the Black citizens, would have the same as the white citizens." 
 "With that background," she told Alabama's solicitor general, "I'm trying to understand your position [on] Section 2, which by its plain text is doing that same thing. It's saying: You need to identify people in this community who have less opportunity and less ability to participate and ensure that that's remedied. It's a race-conscious effort, as you have indicated. I'm trying to understand why that violates the 14th amendment given the history and background of the 14th Amendment."…


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