Justice Ketanji Jackson raises eyebrows by likening black voters to people with disabilities

By 
 October 16, 2025

This week saw the Supreme Court hear arguments over Section 2 of the 1965 Voting Rights Act (VRA), which has been interpreted as barring electoral maps from diluting the votes of minority citizens.

Breitbart reported that during one humiliating moment, Justice Ketanji Brown Jackson likened African American voters to people with disabilities. 

Jackson points to Americans with Disabilities Act (ADA)

"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," she began.

"And my kind of paradigmatic example of this is something like the ADA [Americans with Disabilities Act]," the justice continued.

"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," Jackson noted.

"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," she stressed.

Justice says African American voters are "disabled"

"Congress said, the facilities have to be made equally open to people with disabilities if readily possible. I guess I don’t understand why that’s not what’s happening here," the justice pointed out.

"The idea in Section 2 is that we are responding to current-day manifestations of past and present decisions that disadvantage minorities and make it so that they don’t have equal access to the voting system. Right? They’re disabled," Jackson insisted.

"In fact ,we use the word 'disabled' in [Milliken v. Bradley]. We say that's a way in which these processes are not equally open," she maintained.

"So I don’t understand why it matters whether the state intended to do that. What Congress is saying is if it is happening … you gotta fix it," the justice added.

Critic slams Jackson's words as "not believable"

Jackson's comparison between African Americans and those with disabilities were met with criticism and bewilderment from some observers on social media.

Among the justice's detractors was Justin Logan, who serves as director of defense and foreign policy studies at the Cato Institute.

"This is incredible. As in, not believable," Logan wrote in a post on X. "Something has gone dramatically wrong at the Supreme Court."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson