whytheracecardisplayed

Apr 23, 20201 min

Justice Alito’s jurisprudence of white racial innocence

Updated: Nov 7, 2023

#justicesystem

Justice Samuel Alito is an Associate Justice of the Supreme Court of the United States. His jurisprudence has been characterized by three themes: (1) a fact-oriented approach in which fact is distinct from doctrine; (2) an implementation of “inclusive originalism,” under which a judge may evaluate precedent, policy, or practice, but only if the original meaning of the constitutional text incorporates such modalities; and (3) a strong presumption in favor of precedent and historical practice. Source

I found a news article that discusses Justice Alito’s opinion in Abbott v. Perez, where he held that white lawmakers enjoy a presumption of racial innocence, even when they draw legislative districts that empower white voters at the expense of racial minorities. Source

In other words, when black or brown people have been on the receiving end of allegedly racist treatment, Alito preaches that we shouldn’t jump to such conclusions; yet in a case where white people were allegedly harmed, he wasn’t so cautious.

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