Justices Elena Kagan and Ketanji Brown Jackson sent separate shots across the bench to their colleagues Tuesday in which they made clear their views that the Constitution is not colorblind and the court’s conservative majority has damaged the Voting Rights Act enough.
The justices’ impassioned comments came during two hours of argument in Alabama’s challenge to a district court ruling that the state’s 2021 congressional district map likely violated Section 2 of the 1965 Voting Rights Act. The Supreme Court in a 5-4 vote allowed the map to go into effect in February and scheduled arguments on Alabama’s appeal.
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