Judge Ketanji Brown Jackson acknowledged that the approach championed by the late conservative icon Justice Antonin Scalia is the authoritative way to apply the Constitution: As those who wrote it would have understood its text
U.S. Supreme Court justices pose for their class photo in this file photo taken in 2006. The late Justice Scalia is seated second from the right.Judge Jackson, who once clerked for liberal Supreme Court Justice Stephen Breyer, acknowledged that the approach championed by the late conservative icon Justice Antonin Scalia is the authoritative way to apply the Constitution: As those who wrote it would have understood its text.
Judge Jackson didn't say she embraces the conservative approach; she acknowledged that it is the dominant approach and she offered no quarrel with it. Sen. Ben Sasse recalled that Justices Scalia and Breyer used to have a roadshow where they spoke to audiences about their different approaches. Judge Jackson said that Justice Breyer argued that constitutional principles should be interpreted “consistent with modern sensibilities,” but “Justice Scalia’s view is the prevailing interpretive frame.”
She noted that in the 2008 case District of Columbia v. Heller, where by a 5-4 vote the court found that the Second Amendment affords individuals the right to keep firearms for self-defense, both majority and dissent based their arguments on historical practices of the 18th century.
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