Justice Jackson Challenges the Supreme Court’s Aristocracy

One of Justice Jackson’s objections to the recent Supreme Court decision disallowing race as a factor in college admissions is the following. 

PBS NewsHour‘s Geoff Bennett and Supreme Court analyst Marcia Coyle discuss Justices Robert’s and Jackson’s arguments in the Supreme Court decision reversing affirmative action in higher education.

With let-them-eat-cake obliviousness, today, the majority pulls the cord and announces ‘colorblindness for all’ by legal fiat.  But deeming race irrelevant in law does not make it so in life.  And having so detached itself from this country’s actual past and present experiences, the Court has now been lured into interfering with the crucial work [of college admissions].  

There is much to unpack in this rich denunciation.  First is that it comes from a woman of color knowledgeable about the law but clearly speaking from her heart and from her “experience” (an important word used by her) and that of her people today and yesterday. 

It is time that those who have not been treated as less than human because of the color of their skin listen up and listen deeply.  This is what it means to work for justice: To watch, observe, listen to the results of injustice.  This means listening to people of color as well as women as well as LGBTQ+ peoples who speak of their experience.

“Burke and Paine on roots of political division in America.” PBS NewsHour‘s Judy Woodruff talks to Yuval Levin about his new book, The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Right and Left

“Let them eat cake” applies of course to the phrase supposedly uttered by Marie Antoinette, wife to the king of France. It became a rallying cry for remembering the French Revolution because it spoke to the lack of bread and basics for the poorest in society. 

A recent article by Jeet Heer, titled “Our Supreme Court Reactionaries Still Fear the French Revolution,”* demonstrates how apt the phrase is in the context of our current Supreme Court.  It seems that Justices Thomas and Roberts regularly discuss the French revolution, both taking the side of its critics such as philosopher Edmund Burke who, among other things, supported Marie Antoinette! 

They are eager “to stress the evil of challenging aristocratic rule.”  Justice Jackson meanwhile is inviting those who are afraid of a new revolution back to reality—their talk of “colorblindness for all” will not happen by “legal fiat.”  Law is one thing; real life is another.

CBS News‘ Ed O’Keefe covers President and former First Lady Barack and Michelle Obama’s response to the impact of the Supreme Court decision, as well as a poll on average Americans’ reactions.

Has this supreme court become a court of injustice and not justice?  Dobbs and now decisions against poor minority students and LGBTQ+ people (based on a case that never even happened!) are patently political, not judicial, decisions. 

Delivered with gusto by an obviously corrupted and compromised court that is no more interested in policing itself than was the 18th century French aristocracy.  

To be continued


See Matthew Fox, Creation Spirituality: Liberating Gifts for the Peoples of the Earth. 

And Fox, Sins of the Spirit, Blessings of the Flesh: Transforming Evil in Soul and Society.

To read the transcript of Matthew Fox’s video teaching, click HERE.

Banner image: Justice Katanji Brown Jackson speaks at the 2020 Parsons Dinner, which honors a different distinguished African-American federal jurist each year. Wikimedia Commons.

Queries for Contemplation

What do you learn from Justice Jackson’s radical critique of the recent Supreme Court decision about denying affirmative action?

Recommended Reading

Creation Spirituality: Liberating Gifts for the Peoples of the Earth

Fox’s spirituality weds the healing and liberation found in North American Creation Spirituality and in South American Liberation Theology. Creation Spirituality challenges readers of every religious and political persuasion to unite in a new vision through which we learn to honor the earth and the people who inhabit it as the gift of a good and just Creator.
“A watershed theological work that offers a common ground for religious seekers and activists of all stripes.” — Frederic and Mary Ann Brussat, Spirituality and Practice.

Sins of the Spirit, Blessings of the Flesh: Transforming Evil in Soul and Society

Visionary theologian and best-selling author Matthew Fox offers a new theology of evil that fundamentally changes the traditional perception of good and evil and points the way to a more enlightened treatment of ourselves, one another, and all of nature. In comparing the Eastern tradition of the 7 chakras to the Western tradition of the 7 capital sins, Fox allows us to think creatively about our capacity for personal and institutional evil and what we can do about them. 
“A scholarly masterpiece embodying a better vision and depth of perception far beyond the grasp of any one single science.  A breath-taking analysis.” — Diarmuid O’Murchu, author of Quantum Theology: Spiritual Implications of the New Physics

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6 thoughts on “Justice Jackson Challenges the Supreme Court’s Aristocracy”

  1. Avatar

    The devil said to the preachers, “If you support my representatives, I will give you Pro-life, please your flocks, and enrich your coffers and in return I will take what I want [your souls], but you need not worry about that.” The Supreme Court is only an outcome of an unruly nation. — BB.

  2. Avatar
    Jeanette Metler

    What I found particularly thought provoking in today’s DM, was Mathew sharing the statement of his lawyer friend, “There is no relationship between law and justice.” Why is this? Could it be, because there is a disconnect between the mind and the heart within the consciousness of humanity? Could it be, because there is an over intellectualization dominating humanities perceptional understanding of both man made laws and natural laws; which ignores and denies the heart of the core values and virtues of justice; such as compassion and mercy extended to all, in relationship to these laws? Could it be, because these man made laws have been exalted to a heirarchal position over and above natural laws and the justice that these are designed to lead to, which has manifested in not only an imbalance in the judiciary institution itself, but also many other institutional governing bodies within our world.

    Clearly, the reality is that the scales of both man made and natural laws in relationship with the core values and virtues of justice are not balanced; which is evidently being mirrored and reflected within humanities relationship with the laws of Nature and the injustices that all of creation is suffering due to this imbalance, that plays itself out in all realms of life.

  3. Avatar
    Cheryl M Burton

    I live at the YWCA – there is nothing Christian about it. It is all about and controlled by the secular political system that all religions have given into regarding anything that in times gone by was called “Charity”. I have been constantly harassed/persecuted by these two groups who get all the news attention at this time – the Black lives groups and the LGBTQ, and that could be why they are all of a sudden losing ground. They were pumped up and became unaccustomed to losing. “Absolute Power Corrupts” is the old expression, and they have been showing themselves to be as selfishly ego-driven as whomever it is they are fighting against at any given moment. St Paul (Apostle) wrote that these methods of creating divisions for themselves endanger all Christians. Possibly today in this “melting pot” that the USA is, Paul might say the same about it, whatever their religion is.

  4. Avatar

    Thank you. I also agree that racism is a big problem. Many on the progressive left believe the better way to solve it is through universal programs that include all based on class. That was what Bernie’s program of free college tuition was trying to do. That did not get much support. Of course we have a capitalist media and political system that won’t work for universal programs to really solve endemic poverty. Of course no legislation will solve racism and race should be considered so that schools have a diverse environment.

  5. Avatar

    The book mentioned in one of today’s DM, “The Great Debate,” seems to be very interesting about some of the roots of political division in America and how to improve society.
    However, I agree that human laws, while they try to create and maintain order, don’t always mean they represent the true evolution of Justice in a spiritual sense, both personally and interpersonally in society. Unfortunately, more emphasis on law rather than true Justice usually represents toxic, spiritually unbalanced patriarchal beliefs/values/actions that try to justify egocentricity, individuality, separateness, duality, racism, materialism, and greed. The development of more just laws in society need to be truly based on a more wholistic/holistic view of the person and society as based on more spiritual values of Justice such as true equality, freedom, and respect for the sacredness of individuals, community, and Mother Nature.
    We’re all still spiritually evolving as human souls and communally needing to recognize the intimate relationship between the secular and the spiritual, our humanity and our Divinity, within our Loving co-Creator~Source’s Living Presence and ongoing evolution of Loving Diverse Oneness….

  6. Avatar

    Justice Jackson is clearly speaking truth to power in a prophetic way. The majority decisions for over a year and, now, for many years are clearly going to heighten the divisiveness in this country. The Supreme Court is demented and corrupted and is bent on causing some kind of revolution that can then be put down by a dictator. The governor of Florida is trying very hard to assume that role not only in the state but in the nation. There has not been any justice from the Justices, but that has happened before–just look at the Dred Scot decision. The Rev. Dr. King says that the arc of history bends toward justice, but I don’t think it will happen in my lifetime. Hate groups are growing and becoming stronger and more politically powerful, and the “laws” in southern states and elsewhere reflect this. We can still call on the strength and power of our faith and do everything we can to show up peacefully to support our many downtrodden brothers and sisters.

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