Justice Jackson Refers to Black Americans as ‘Disabled’ in SCOTUS Hearing
During a hearing at the Supreme Court of the United States (SCOTUS) on whether Section 2 of the Voting Rights Act was unconstitutional, Justice Ketanji Brown Jackson appeared to compare Black Americans to Americans with disabilities.
The case, known as Louisiana v. Callaisexamines whether Louisiana’s congressional map — which includes two majority-black districts — violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment.
The plaintiffs in this case argue that the congressional map is unconstitutionally structured based on race.
During the hearing, Judge Jackson appeared to assert that black American voters were equivalent to physically disabled Americans.
“So coming back to this point of discriminatory intent, I guess I think about it, that remedial action in the absence of discriminatory intent is really not a new idea in civil rights laws. And my sort of paradigmatic example of this is something like the ADA. [Americans with Disabilities Act]”Jackson said.
She continued:
Congress passed the Americans with Disabilities Act in the context of a world generally inaccessible to people with disabilities. So it was discriminatory because these people could not access these buildings. And it doesn’t matter whether the person who built the building or the person who owns it wanted them to be exclusive; it’s not relevant. Congress declared that facilities should also be open to people with disabilities if possible. I guess I don’t understand why that’s not what’s happening here. [Emphasis added]
The idea of section 2 is that we are responding to current manifestations of past and present decisions that disadvantage minorities and ensure that they do not have equal access to the electoral system. RIGHT? They are disabled. In fact, we use the word “disabled” in [Milliken v. Bradley]. We say this is a reason why these processes are not equally open. So I don’t understand why it matters that the state intends to do this. What Congress is saying is if this happens… you need to do something about it. [Emphasis added]
Attorney Edward Greim responded to Jackson, saying, “The difference is that the remedy provided by the ADA and other anti-discrimination laws is not a stereotype. »
“It’s not based on race. I understand your point of view. I understand your point of view. But then you’re saying that if the problem of lack of access is a matter of race, that’s just too bad because you can’t have a race-based remedy,” Jackson responded, to which Greim responded, “Absolutely not, your honor.”
“It’s not a question of whether this has anything to do with race,” Greim said. “It’s about whether the race remedy involves stereotyping voters and making assumptions about their policies and opinions and thoughts based on their race and that’s the problem. That doesn’t exist in these other civil rights laws.”
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter here.
