The Supreme Court's 'Colorblind Constitution' Perpetuates Racial Discrimination Like Jim Crow
Source: https://www.nytimes.com/by/stephanie-shen. "Opinion | The Supreme Court’s Jim Crow Logic - The New York Times." June 5, 2026. www.nytimes.com
The Gist
The author argues that the Supreme Court is wrongly claiming to be 'colorblind' when making decisions about voting rights, but this supposed blindness actually helps maintain racial discrimination. Just like before the Civil War amendments, ignoring race doesn't create equality - it protects inequality.
Conclusion
The Supreme Court's conservative majority is using a false 'colorblind Constitution' interpretation to shield and perpetuate racial inequalities, similar to how judicial blindness enabled Jim Crow oppression
Premises
- The Supreme Court recently allowed Alabama to use congressional maps that eliminate majority-Black districts despite findings of intentional racial discrimination
- Voting in Deep South states has always been racially polarized throughout history, including during Reconstruction when the 15th Amendment was written
- The pre-Reconstruction Constitution was 'blind' to racial discrimination and oppression, which enabled systems like slavery
- The Reconstruction amendments specifically gave the Constitution 'eyes to see' racial problems and tools to enforce meaningful equality
- The current Court's 'colorblind' approach protects existing racial inequalities rather than building a society where race doesn't determine outcomes
Assumptions
- Intentional racial discrimination in voting maps should be prohibited and remedied
- Historical context of racial polarization is relevant to current voting rights cases
- The Reconstruction amendments were intended to actively combat racial inequality, not ignore it
- A truly equal society requires acknowledging and addressing racial disparities, not ignoring them