SCOTUS Justice Jackson Argues It Is Not Good Enough To Be ‘Race-Neutral’

While civil rights activists of generations past rightfully fought for equality under the law for Blacks and other minorities, today’s leftists are moving the goalposts in an effort to achieve racial “equity.”

In short, this philosophy calls for providing historically marginalized communities with resources and considerations above and beyond those provided to the rest of society. The most recent example of this trend can be found in U.S. Supreme Court Justice Ketanji Brown Jackson’s rhetoric during oral arguments this week.

Addressing a case involving allegations of gerrymandering in the creation of Alabama voting districts, the state’s solicitor general asserted that the map was “race-neutral” and any order to redraw the boundaries would require an unconstitutional prioritization of voters based on race.

According to Jackson’s interpretation of the Constitution, however, it is acceptable — if not imperative — to make up for past inequalities by offering special consideration to Black citizens.

“I don’t think we can assume that just because race is taken into account that that necessarily creates an equal protection problem,” she said.

The court’s newest justice went on to argue that the “entire point” of the 14th Amendment’s Equal Protection Clause “was to secure rights of the freed former slaves,” thus proving the intent of addressing related issues “in a race-conscious way.”

Jackson also referenced the Civil Rights Act of 1866, noting that it “specifically stated that Black citizens would have the same civil rights as enjoyed by White citizens.”

Tying those precedents to the current situation, she said: “I don’t think that the historical record establishes that the founders believed that race neutrality or race blindness was required. That’s the point of that act, to make sure that the other citizens, the Black citizens, would have the same [rights] as the White citizens.”

Of course, the current push for racial equity is not limited to redistricting maps. As Vice President Kamala Harris said after Hurricane Ian made landfall in Florida, she believes race should be a factor in deciding how disaster relief funds are distributed.

“It is our lowest-income communities and our communities of color that are most impacted by these extreme conditions and impacted by issues that are not of their own making,” Harris said. “So we have to address this in a way that is about giving resources based on equity.”

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