KBJ’s case for ‘progressive originalism’ in Supreme Court debut draws rebuke

Published October 6, 2022 12:00am ET



Supreme Court Justice Ketanji Brown Jackson argues the framers of the 14th Amendment adopted it “in a race-conscious way,” a position some legal experts say is subject to debate.

Jackson, the first black woman on the Supreme Court, began her first two days on the nine-member bench by speaking more than any other justices, 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. The issue at hand involved a challenge to Alabama‘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.

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