The justice gave a history lesson in the real purpose of the 14th Amendment: not colorblindness, but racial justice.
Alabama’s argument is that the law—as interpreted by the lower court—violates the 14th Amendment’s equal protection clause. Even though Section 2 of the VRA compels states to ensure that the political process is “equally open to participation” by all races, which obviously requires the use of race to guarantee equality, the state is arguing that any consideration of race in redistricting violates residents’ constitutional rights—even if race is used to safeguard Black voters’ political power.
“I don’t think we can assume that just because race is taken into account, that that necessarily creates an equal protection problem,” Jackson told the Alabama solicitor general. “I understood that we looked at the history and traditions of the constitution, at what the Framers and the Founders thought about.
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