Republican Senator Suggests Supreme Court Should Reconsider Loving v. Virginia

On Tuesday, Republican Sen. Mike Braun of Indiana held a press conference discussing Judge Ketanji Brown Jackson, President Joe Biden’s nominee for the Supreme Court. During his press conference, he asserted that the Supreme Court was wrong in its decision of Loving v. Virginia.

Loving v. Virginia was the 1967 Supreme Court case that led the court to rule state bans on interracial marriage were unconstitutional and in violation of the 14th Amendment. The case was brought before the court by Mildred and Richard Loving, a Black woman and a white man who were both sentenced to a year in prison for marrying each other in violation of Virginia’s laws against interracial marriage. The historic decision was used as precedent in Obergefell v. Hodges, the Supreme Court case that led to the nationwide legalization of same-sex marriage. According to the Supreme Court, both of these cases were about the fundamental right to marriage, something all Americans are entitled to.

In his press conference on Tuesday, Braun contended that the decision of Roe v. Wade, which guaranteed access to abortion, should have been left up to the states rather than be decided by the Supreme Court. He stated his opposition to judicial activism and his belief that the Supreme Court’s job is only to interpret the law, not to change it. He said he believes the Supreme Court should reconsider Row v. Wade to bring it back to a neutral ground where states are able to make the decision.

He was then asked by a reporter if he believed that Loving v. Virginia should also be reevaluated.

“When it comes to issues, you can’t have it both ways,” Braun responded. 

After a long, rambling non-answer, another reporter asked, “So you would be okay with the Supreme Court the question of interracial marriage to the states?”

Braun then confirmed his belief saying, “Yes, if you’re not wanting the Supreme Court to weigh in on issues like that, you’re not going to be able to have your cake and eat it to.”

Despite being asked twice, both times with the question clearly pertaining to the legality of interracial marriage, Braun asserted he believes that the Supreme Court’s decisison was wrong.

Later in the day on Tuesday, Braun released a statement claiming that he condemns racism and his statement was inaccurate because he misunderstood the line of questioning despite being asked multiple times.

Braun faced backlash from the public and the media for his disgusting comments with Bess Levin of Vanity Fair calling his stance “incredibly repugnant” and Jamelle Bouie of The New York Times saying that his claim of condemning racism was “unpersuasive.”

During the press conference, Braun comfortable and confidently said that Loving v. Virginia was decided wrong by the Supreme Court and that the issue should not have been federalized. Any claim that he was confused by a question that was asked twice cannot be taken seriously, and any assertion that he condemns racism is just as absurd. Loving v. Virginia is a landmark civil rights case, one that any member of the United States Senate should recognize even without the mention of interracial marriage. Even if Braun was somehow unfamiliar with the case, the line of questioning was straightforward and easy to understand. 

There is no room for interpretation of Braun’s statements; he supports leaving interracial marriage up to the states, a blatantly racist stance to take, but one he cannot walk back with a shaky statement condemning racism.

Releated