Opinion | Justice Jackson’s ‘Race Conscious’ History

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Replacing one-ninth of the Supreme Court inevitably changes the dynamic, and Justice Ketanji Brown Jackson wasn’t shy this week at her first oral arguments. All three of the liberals were aggressive questioners, as they joined to battle conservative legal arguments like a Greek phalanx.

What deserves more reflection is Justice Jackson’s soliloquy on the original intent of the 14th Amendment, which she says isn’t colorblind. Her aim was to refute the idea that the Equal Protection Clause would be impinged if the Supreme Court requires Alabama to gerrymander by race to give the state a second majority-black House seat.

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