In a back-and-forth with Nelson about time limits, Justice Ketanji Brown Jackson said that the #VotingRightsAct section in question, “doesn’t need a time limit, because it’s not doing any work other than just pointing us to the direction of where we might need to do something.”
Nelson said it would be “reckless” to determine, “somehow if Section 2 is no longer needed simply because it has been so successful in rooting out racial discrimination in voting.”
Asked by Justice #Sotomayor to delineate differences between the current case & a 2023 decision that dealt with affirmative action, Nelson argued that the prior case “involved the diversity rationale involving an admissions process with a university, not a statute.”
In 2023, #SCOTUS struck down #AffirmativeAction in college admissions, declaring race cannot be a factor & forcing institutions of higher education to look for new ways to achieve diverse student bodies.