Justice Jackson Takes Originalist Approach on Voting Rights

Oct. 4, 2022, 8:06 PM UTC

Justice Ketanji Brown Jackson invoked the original meaning of the US Constitution in her first days of Supreme Court arguments, suggesting that she’s willing to engage with a constitutional doctrine traditionally associated with conservatives.

The “framers themselves adopted the equal protection clause” reflected in the 14th and 15th amendments “in a race conscious way,” Jackson said Tuesday in countering the argument that redistricting—and particularly challenges to redistricting plans under the Voting Rights Act—must be race-blind.

Jackson hinted at a willingness to engage with the doctrine known as originalism—the idea that judges should look to the original meaning of the Constitution ...

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