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FYI, here is specifically what Justice Jackson said:
So going back to this discriminatory intent point, I guess I'm thinking of it -- of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws, and --and my kind of paradigmatic example of this is something like the ADA. Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities, and so it was discriminatory in effect because these folks were not able to access these buildings. And it didn't matter whether the person who built the building or the person who owned the building intended for them to be exclusionary. That's irrelevant. Congress said the facilities have to be made equally open to people with disabilities.
The idea in Section2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it sothat they don't have equal access to the voting system, right? They're -- they're disabled. In fact, we used the word "disabled" in Milligan. We say that's a way in which you see that these processes are not equally open.
And here is the decision she quoted. Notice that disabled is used as a synonym for prevented, because it's a long chain of references that goes way back. Back when they were talking about disabled voter, we called disabled people "handicapped."
" That occurs where an individual is disabled from “enter[ing] into the political process in a reliable and meaningful manner” “in the light of past and present reality, political and otherwise.” White, 412 U. S. 755, 767 (1973)
So going back to this discriminatory intent point, I guess I'm thinking of it -- of the fact that remedial action absent discriminatory intent is really not a new idea in the civil rights laws, and --and my kind of paradigmatic example of this is something like the ADA. Congress passed the Americans with Disabilities Act against the backdrop of a world that was generally not accessible to people with disabilities, and so it was discriminatory in effect because these folks were not able to access these buildings. And it didn't matter whether the person who built the building or the person who owned the building intended for them to be exclusionary. That's irrelevant. Congress said the facilities have to be made equally open to people with disabilities.
The idea in Section2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it sothat they don't have equal access to the voting system, right? They're -- they're disabled. In fact, we used the word "disabled" in Milligan. We say that's a way in which you see that these processes are not equally open.
And here is the decision she quoted. Notice that disabled is used as a synonym for prevented, because it's a long chain of references that goes way back. Back when they were talking about disabled voter, we called disabled people "handicapped."
" That occurs where an individual is disabled from “enter[ing] into the political process in a reliable and meaningful manner” “in the light of past and present reality, political and otherwise.” White, 412 U. S. 755, 767 (1973)