The Supreme Court's conservative supermajority has been successful in utilizing original intent to secure outcomes for the Republican Party. Ketanji Brown Jackson stands out by expanding the lens of originalism to include the perspectives of free Black individuals from antebellum America. This shift aims to counter the narrow interpretations typically used in judicial decisions. In a significant dissent concerning Medicaid and Planned Parenthood, Jackson proposes a new approach to originalism that could reshape legal discourse, highlighting the importance of diverse historical viewpoints in constitutional interpretation.
Ketanji Brown Jackson has been particularly adept at laying the groundwork for a future court where originalism will be more than just a cynical tool to achieve conservative ends.
Jackson asked the court to reckon with the views and work of free Black people in antebellum and post-antebellum America when considering the meaning and power of the 14th Amendment.
The Supreme Court's conservative majority gutted a federal statute enabling Americans to sue when their civil rights are violated as part of a ruling allowing states to defund Planned Parenthood.
Jackson surfaces a new way of doing originalism that could one day change the entire legal landscape, as legal and political scholars have noted.
Collection
[
|
...
]