Justice Jackson’s comments on minority voters ignite intense backlash: ‘They’re disabled’
Supreme Court Justice Ketanji Brown Jackson recently found herself at the center of social media controversy. Her comments linking the Americans with Disabilities Act (ADA) to racial discrimination ignited intense backlash.
Justice Jackson’s Comments and the Backlash
The controversy arose during oral arguments in the Louisiana v. Callais case. This case focuses on whether states must consider race when drawing congressional maps, as per Section 2 of the Voting Rights Act. Justice Jackson referred to the ADA to explain how the government can counter discrimination effectively.
She mentioned that discrimination was evident even without intent, similar to how the ADA addressed accessibility issues for people with disabilities. Critics interpreted her remarks as equating minority voters with disabled persons, leading to a heated debate.
The Louisiana v. Callais Case
The case questions state obligations under the Voting Rights Act. Justice Elena Kagan also participated, questioning Louisiana about remedies for discrimination under the 14th and 15th Amendments.
Jackson argued that Section 2 responds to ongoing discrimination, offering minorities equal access to the voting system. She emphasized that the law addresses past and present obstacles faced by minorities.
Response from the Legal Community
During the proceedings, the lawyer for Louisiana noted the remedy under the ADA doesn’t involve stereotyping. Jackson agreed, acknowledging the ADA is not race-based.
The exchange continued with Jackson questioning the lack of race-based remedies for race-related barriers, prompting a swift denial from Louisiana’s counsel.
Historical Context and Reactions
Justice Jackson highlighted that similar language had been used in the 2021 Supreme Court case, Allen v. Milligan. In that instance, the Court described voting barriers as “disabled,” addressing inequalities in Alabama’s redistricting efforts.
The Supreme Court’s conservative majority may potentially weaken Section 2 of the Voting Rights Act. The extent of these changes remains unclear.
