Supreme Court Justice Ketanji Brown Jackson offered a stunning bit of judicial wisdom today: “Just trust me on this.”
The Supreme Court sat for oral argument this morning for Louisiana v. Callais, a redistricting case concerning the constitutionality of Louisiana’s congressional map.
A district court order mandated the creation of an additional majority-black district in Louisiana to avoid “vote dilution,” Supreme Court Justice Clarence Thomas notes. Plaintiffs challenging Louisiana allege “that the congressional map’s second majority-black district amounted to an unconstitutional racial gerrymander.”
Jackson proposed that these racially drawn district lines may not be unconstitutional, because black people are basically equivalent to the disabled.
“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 [Americans with Disabilities Act],” Jackson began.
“Congress passed the [ADA] against the backdrop of a world that was generally not accessible to people with disabilities. And so it was discriminatory in effect, because these folks were not able to access these buildings. And it didn’t matter whether the person who built the building or owned the building intended for them to be exclusionary, that’s irrelevant. Congress said the facilities have to be made equally open to people with disabilities, if readily possible. I guess, I don’t understand why that’s not what’s happening here.”
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“The idea in Section 2 is that we are responding to current day manifestations of past and present decisions that disadvantage minorities and make it so that they do not have equal access to the voting system. Right, they’re disabled,” Jackson argued.
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