Judge Ketanji Brown Jackson said during her confirmation hearing that originalism has become the primary means the U.S. Supreme Court interprets the Constitution, acknowledging the influence of a legal philosophy championed by conservatives.
Under questioning from Sen. Ben Sasse, R-Nebraska, Jackson said the court has “clearly taken the historical perspective, the originalist perspective,” basing its analysis of the U.S. Constitution on the intent of its framers and how its provisions have historically been understood. She mentioned the court’s decision in District of Columbia v. Heller, which found that the Second Amendment established an individual right to bear arms, as an example of how that philosophy has come to dominate the court.
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