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Justice Jackson Refers to Black Americans as ‘Disabled’ in SCOTUS Hearing

During a hearing at the Supreme Court of the United States (SCOTUS) involving whether Section 2 of the Voting Rights Act is unconstitutional, Justice Ketanji Brown Jackson seemed to liken black Americans to Americans with disabilities.

The case, known as Louisiana v. Callais, considers whether Louisiana’s congressional map — which includes two majority-black districts — violates the 15th Amendment and the Equal Protection Clause of the 14th Amendment.

Plaintiffs in the case argue that the congressional map is unconstitutionally gerrymandered based on race.

During the hearing, Justice Jackson seemed to contend that black American voters are equivalent to Americans with physical disabilities.

“So going back to this discriminatory intent point, I guess I’m thinking of it, of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws. And my kind of paradigmatic example of this is something like the ADA [Americans with Disabilities Act],” Jackson said.

She continued:

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