Ketanji Brown Jackson: “The Court’s decision to foreclose Medicaid recipients from using §1983 to enforce that provision thwarts Congress’s will…”

I have no doubt that, if judges must allow the Executive to act unlawfully in some circumstances, as the Court concludes today, executive lawlessness will flourish.

Despite his longstanding endorsement of a ‘colorblind’ Constitution, Justice Thomas, now surprisingly suggests that the Citizenship Clause was a race-conscious remedial measure, relating only to ‘freed slaves such as Dred Scott’ — but that…

I try to be very, very mindful and scrupulous with respect to that because, as you say, our obligation is to be unbiased in our approach.

This alternative account pitches Black Americans against immigrants when the advocates who promoted the 14th Amendment did no such thing.