Janai Nelson: The Court’s Interpretation of a ‘Colorblind Constitution’ Allows It To Ignore the ‘Documented History of Racism’

RUSH EXCERPT:

Nelson: “Well, we fight it by reforming it. It is clear that the Supreme Court absolutely needs reform, not because we’re, you know, looking at case decisions that we don’t like, but we’re looking at decisions and opinions and legal analyzes that go against precedents, that go against principle, that go against the rule of law. And they’re being meted out by the Supreme Court, which is the highest court in the land and the final arbiter of the law. It is clear that in certain instances and on certain subjects, this court is effectively captured. And there needs to be a challenge to the binding law that it imposes across the country that seems to be animated by some other forces, be they political, be they ideological, ideological. But there seems to be something else motivating this court than a fair and objective application of the law. Because, as you point out, the court is suggesting that this throwaway line in a centuries old decision about a colorblind constitution somehow allows them to ignore the documented history of racism in this country, its ongoing effects and hampers and constrains our ability to remedy it. That can’t be the way we move”