“I don’t think we can assume that just because race is taken into account, that that necessarily creates an equal protection problem. ...We looked at the history and traditions of the Constitution, at what the framers and the founders thought about. And when I drill down to that level of analysis, it became clear to me that the framers themselves adopted the Equal Protection Clause, the 14th, the 15th Amendment, in a race-conscious way. That we were, in fact, trying to ensure that people who had been discriminated against, the freedman, during the Reconstruction period, were actually brought equal to everyone else in society.” - Supreme Court Justice Ketanji Brown Jackson, in a back-and-forth exchange with the Alabama solicitor general, who argued that the Equal Protection Clause prevents any consideration of race, even when such a consideration could remedy racial gerrymandering.
Found in Ms. Magazine, Winter 2023, page 6.
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