Justice Jackson’s birthright citizenship opinion includes Black Americans in the story of the nation’s search for equality

Jackson’s concurrence traces the 14th Amendment to work done by people ‘beyond Congress’ and Black Americans who ‘helped galvanize the push for full equality.’

By: Austin Sarat, Amherst College, The Conversation

Outlets: The Conversation

Published: July 9, 2026

Words: 1,369

Last Updated: 1 week, 6 days ago

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By Austin Sarat, Amherst College

In the annals of Supreme Court decisions, the public likely remembers what justices wrote for the court in famous cases, such as the Brown v. Board of Education ruling that outlawed racial segregation in public schools.

Or perhaps the public remembers great dissenting opinions that display foresight and speak across the ages. Justice John Marshall Harlan’s dissent in the 1896 Plessy v. Ferguson case, which legalized racial …

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