Opinion | Ketanji Brown Jackson and Antonin Scalia

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Opinion | Ketanji Brown Jackson and Antonin Scalia
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From WSJopinion: Judge Jackson is likely to be confirmed as the 116th Justice of the Supreme Court. Can we believe her claims to be a constitutional originalist?

The presupposition behind many questions during Neil Gorsuch's confirmation hearing on March 22, 2017, was that by taking the originalist approach, one hasn't evolved, and is stuck in 1788. Gorsuch disagrees. Image: Chip Somodevilla/Getty ImagesWe’re all originalists now, apparently. “I believe that the Constitution is fixed in its meaning,” Judge Ketanji Brown Jackson told the Senate during her Supreme Court confirmation hearings this week.

Somewhere Justice Antonin Scalia must be singing, as he was known to do before he ascended. The great Scalia, who brought originalism to the fore before his death in 2016, might furrow his brow at the word “intent,” since his judicial philosophy was to examine the plain meaning of words, not to divine what James Madison was really thinking.

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