Home / General / The idea that the protecting civil rights never allows the state to consider race is ahistorical and illogical

The idea that the protecting civil rights never allows the state to consider race is ahistorical and illogical

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Everything the Democratic nominees say about the the ongoing gutting of the Voting Rights Act is unanswerably true:

The relevant positions of Republican elites are that 1)the 14th Amendment was designed to make the Freedman’s Bureau unconstitutional, 2)Section 2 of the 15th Amendment was not designed to allow Congress to protect the voting rights of racial minorities, and 3)the history of voting rights tells us that no facially neutral measure could be discriminatory in practice. None of these propositions even really need to be refuted, although it’s nice to do so forcefully.

Of course, as long as the current majority is as it is, it doesn’t matter for anything but a distant posterity. Jackson’s performance today should, however, reveal how farcical the idea that Ginsburg and Breyer had to stay on because they were too Indispensable to be adequately replaced by another Democratic nominee always was.

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