Nominee's position on Constitution a mystery

Nominee's position on Constitution a mystery

Nominee's position on Constitution a mystery

A law firm whose primary concerns are religious liberty and free speech hopes senators will do what is expected of them and find out where President Biden's Supreme Court nominee is on the issues.

President Biden has nominated Judge Ketanji Brown Jackson. If confirmed, she will replace retiring Justice Stephen Breyer.

Russell, Keisha (First Liberty Inst.) Russell

Attorney Keisha Russell of First Liberty Institute says the best approach would be for Jackson to simply reveal to the country during her confirmation hearing what she believes about how the Constitution should be interpreted.

"Last year in her confirmation hearing, she declined to say whether she thought that the Constitution was –quote-- 'a living document,'" Russell recalls. "When you believe that the Constitution is a living document, you can pretty much begin to twist the law to make the Constitution say whatever you like, and so you end up with rights like abortion, for example. So I think that the senators doing their due diligence to question her is the best route to demonstrate for the American people what her positions are on certain things."

"We think that [Judge] Jackson will not be favorable on issues of religious liberty [or] free speech – and her interpretation of those constitutional rights will be problematic for us. So, we are very concerned about it," Russell adds.

"You can certainly tell a lot about a judge based on the kind of groups that support them – and Judge Jackson has earned the praise of virtually every group in the liberal universe; that would include atheist groups and pro-abortion groups. And you know those groups are only going to support you because they think you're going to be favorable to their causes."

First Liberty is especially disturbed by Jackson's belief that schools can discriminate against students based on their speech.