The Supreme Court For The First Time Refers To Our "Colorblind Constitution"
The Supreme Court has for the first time referred to the concept of a 'colorblind Constitution' in its recent rulings. This reference aligns with Justice Harlan's dissent in Plessy v. Ferguson, emphasizing equality among citizens regardless of race. The implications of this shift may affect future interpretations of the Voting Rights Act and equal protection under the law.
- ▪The Supreme Court's recent decision in Allen v. Milligan marks a significant moment in constitutional interpretation.
- ▪The Court referred to a 'colorblind Constitution,' echoing Justice Harlan's dissent from Plessy v. Ferguson.
- ▪This ruling may influence how Section 2 of the Voting Rights Act is applied in future cases.
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The Supreme Court For The First Time Refers To Our "Colorblind Constitution" 130 years later, Justice Harlan's Plessy dissent is now the "supreme law of the land." Josh Blackman | 6.3.2026 1:04 PM As big as Callais was, I think Allen v. Milligan may prove to be more significant. The Court smacked down the notion that the government "defies" court order when it takes actions designed to be tested before the Supreme Court. The Court also signaled that the presumption of good faith for purposes of Section 2 should apply to other Fourteenth Amendment contexts. (Indeed, I wonder why prosecutors should not get the same presumption of good faith under Batson; this is a topic I am developing.) But the very first sentence of Allen dropped a bomb that most people may have missed: In Louisiana v.
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