," a report that underscores critical challenges to Justices Originalism and the Colorblind Constitution University of San Diego School of Law professor Michael Rappaport's writings in " "I'm not sure the evidence is as clear cut as Justice Jackson made it out to be that it was because they were black rather than because they were being treated differently or because of their disadvantage from having been enslaved," Shapiro said.Īlthough some news outlets were quick to praise the so-calledīy the most junior justice on display during Tuesday's arguments, other commentators, including Ed Whelan of the Ethics and Public Policy Center, were left confused and skeptical of Jackson's analysis. Told the Washington Examiner on Wednesday that while the "freed slaves were a large component of who the Civil Rights Act of '66 and the 14th Amendment were meant to help," the totality of either measure applies to inequality as a broader concept. Manhattan Institute senior fellow and director of constitutional studies “I looked at the report that was submitted by the Joint Committee on Reconstruction, which drafted the 14th Amendment, and that report says that the entire point of the amendment was to secure rights of the freed former slaves,” she added. Jackson cited a quote from a legislator who introduced the 14th Amendment and explained that it was enacted to give a constitutional basis to the Civil Rights Act of 1866 that was "designed to make people who had less opportunity and less rights equal to white citizens." “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. “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. KETANJI BROWN JACKSON CLAIMS FOUNDERS WERE NOT 'RACE-NEUTRAL' IN SUPREME COURT DEFENSE OF VOTING RIGHTS ACT '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. The issue at hand involved a challenge to , 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. Jackson, the first black woman on the Supreme Court, began her first two days on the nine-member bench by speaking Argues the framers of the 14th Amendment adopted it "in a race-conscious way," a position some legal experts say is subject to debate.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |