Supreme Court Justice Ketanji Brown Jackson on Tuesday outrageously defended a set of restrictive, discriminatory, blatantly anti-black state laws dating back to the Civil War era.
Jackson’s defense of the so-called Black Codes occurred during a hearing on Wolford v. Lopez, a court case pitting Maui gun owners against the state of Hawaii.
“Wolford v. Lopez challenges a Hawaii law that prevents gun owners from bringing handguns to beaches, bars, restaurants that serve alcohol, and gas stations without the owner’s consent,” according to The Center Square.
Alan Beck, a lawyer defending the gun owners, argued on Tuesday that Hawaii’s law is rooted in the Black Codes, a set of state laws enacted between 1865 and 1866 to prevent newly freed slaves from acquiring firearms. They were later ruled unconstitutional
“The presumptive ban is inconsistent with our national and historical tradition,” he said, adding that the Black Codes are a violation of the Second Amendment. “We can’t use a racist, discriminatory law to apply to a law that applies to the general public.”
But Jackson seemed to disagree with his assessment.
Things I didn’t have on my bingo card today: Justice Jackson defending the racist Black Codes as precedent for what we should consider constitutional. pic.twitter.com/I9yxcMsDrf
— Carrie Severino (@JCNSeverino) January 20, 2026
“Justice Ketanji Brown Jackson said she did not understand why Black Codes should be excluded in the determination of the law if history and tradition are compelling factors,” the Square notes.
“To the extent that the test today is tying us to historical circumstances, it would seem to me that all of history should be on the table,” she said. “And if we start taking pieces off, whether it’s because we’ve moved away from it or we don’t agree with it anymore, I think there’s going to be a problem with respect to the accuracy of our test.”
Neal Katyal, a lawyer representing the state of Hawaii, agreed with her.
He “argued that the purpose of including Black Codes in its explanation is to [present] evidence that states have historically been allowed to implement gun regulations,” according to the Square. “He said Hawaii’s law is based on 200 years of customs against carrying weapons.”
“Customs” that were blatantly discriminatory…
Arguing on behalf of the Trump administration, Principal Deputy Solicitor General Sarah Harris made the case that the racist roots of Hawaii’s gun law mean that it should be abandoned.
“Unconstitutional laws do not count in illuminating a valid tradition,” she said. “It is 2026, and it is somewhat astonishing that black codes, which are unconstitutional, are being offered as evidence of what our tradition of constitutionally permissible firearm regulation looks like.”
Principal Deputy Solicitor General Sarah Harris’s response to Justice Gorsuch’s question on the relevance of the Black Codes was spot on:
“It is 2026, and it is somewhat astonishing that Black Codes, which are unconstitutional, are being offered as evidence of what our tradition… pic.twitter.com/Xt9Bg7HY0K
— Carrie Severino (@JCNSeverino) January 20, 2026
The toughest pushback came from Justice Samuel Alito.
“Wasn’t the purpose of the laws in the post-Reconstruction South that disarmed black people precisely to prevent them from doing what the Second Amendment is designed to protect, which is to defend yourself against attacks?” he asked incredulously.
“They wanted to disarm the black population in order to help the Klan terrorize them and law enforcement officers in that period in that region. They wanted to put them at the mercy of racist law enforcement officers,” he added before reaching his point.
“So is it not the height of irony to cite a law that was enacted for exactly the purpose of preventing someone from exercising the Second Amendment right to cite this as an example of what the Second Amendment protects?” he declared.
Exactly.
Must Listen: Justice Alito reveals the obvious irony of citing the Black Codes as justification for Hawaii’s 2023 firearm restriction law.
“They wanted to disarm the Black population in order to help the Klan terrorize them…they wanted to put them at the mercy of racist law… pic.twitter.com/GHerQmmM7C
— Carrie Severino (@JCNSeverino) January 20, 2026
Yet Jackson remained unconvinced.
“To the extent that the test today is tying us to historical circumstances, it would seem to me that all of history should be on the table,” she insisted. “And if we start taking pieces off, whether it’s because we’ve moved away from it or we don’t agree with it anymore, I think there’s going to be a problem with respect to the accuracy of our test.”
Writers and editors can be contacted at [email protected] with feedback, tips, or corrections.
V. Saxena is a staff writer with a decade of experience as a professional writer, and a lifetime of experience as an avid news junkie. He holds a degree in computer technology from Purdue University. Saxena also contributes to BizPac Review.
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