The cons will still do what they want. But their arguments will be stripped bare in the strongest possible way, in public. We see you, assholes.
In Supreme Court debut, Justice Ketanji Brown Jackson makes it clear she won't hesitate to make her mark on debate. https://t.co/TyYCXvgflV
— ABC News (@ABC) October 4, 2022
Justice Jackson just asked a question that no honest originalist could possibly answer the way the challengers to using race to comply with the Voting Rights Act are answering it. Her use of the 14th Amendment’s history was irrefutable without perverting its original meaning.
— Laurence Tribe (@tribelaw) October 4, 2022
Justice Jackson tells the Alabama solicitor general that the Framers of the 14th Amendment did NOT intend it to be “race neutral or race blind,” so taking race into account to protect minority voting rights is perfectly constitutional. Progressive originalism at work. pic.twitter.com/aCXAq2CnJu
— Mark Joseph Stern (@mjs_DC) October 4, 2022
It’s too bad the US Solicitor General isn’t embracing Justice Jackson’s forthright account of why the 14th Amendment does NOT require race-blindness. SG Prelogar is all but conceding the ahistorical Roberts/Alito/Thomas/Gorsuch position about what the Reconstruction Congress did.
— Laurence Tribe (@tribelaw) October 4, 2022