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Justice Ketanji Brown Jackson argues taking race into account to protect voting rights is perfectly constitutional

Our newest Supreme Court justice, Ketanji Brown Jackson, made her debut with Merrill v. Milligan, a fight over redistricting in Alabama. As Joel Pollak writes at Breitbart, “Left-wing groups challenged the new map, arguing that it only guaranteed black voters, 28% of the population, one ‘majority-minority’ district out of seven total.” The state is arguing that it’s not possible to make another map that includes a “majority-minority” district without using race as the primary boundary factor, thus violating the 14th Amendment.

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Jackson went for the “originalist” angle, saying that the 14th Amendment was intended to help blacks, meaning the authors of the amendment intended for race to be considered in making policy in order to promote equity.

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That’s why we’ve evolved from wanting “equality” to working toward “equity.”

So Jackson is a “progressive originalist” who believes the amendments were all about achieving racial equity with racist policies if necessary.

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