Ketanji Brown Jackson’s welcome praise of originalism and textualism

n Tuesday, President Joe Biden’s nominee to the Supreme Court sounded like a textualist and an originalist.

that these statements show the triumph of originalism and textualism as the unrivaled approach to interpreting the Constitution.that these victory laps misunderstand Jackson and the broader liberal response to originalism and textualism. Instead of surrender, Stern sees Jackson and the Left engaging in sly appropriation. They see that they can manipulate these tools to arrive at their preferred outcomes in cases and controversies. But Stern’s explanation undermines the judicial Left in two ways.

This chameleon act means not cultivating a judicial philosophy that truly aligns with the Left’s view of judicial power. Past liberal justices, such as William Brennan Jr., sought to critique originalism and textualism and articulate an alternative. Now, liberal justices seem content playing the visiting team, ceding home turf to their opponents.

Ultimately, originalism and textualism seek to fulfill the duty of a judge as described by Alexander Hamilton in"Federalist 78." Hamilton wrote that the judge would exercise neither force nor will but"merely judgment." A judge possesses no police to enforce decisions. More importantly for present debates, a judge cannot decide a case based on his or her own will.

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