Judge Ketanji Brown Jackson listens to a question during the Senate Judiciary Committee’s confirmation hearing on her nomination to the Supreme Court on Capitol Hill in Washington, D.C., March 22, 2022. (Jonathan Ernst/Reuters)

Ketanji Brown Jackson’s hearing showed how Scalia won the argument over the Constitution.

NRPLUS MEMBER ARTICLE A ntonin Scalia may not have lived to reach the promised land, but he won the argument. That is the clear takeaway from the first round of questioning of Judge Ketanji Brown Jackson in her Supreme Court confirmation hearing Tuesday before the Senate Judiciary Committee.

Scalia did not invent constitutional originalism. Edwin Meese and Robert Bork both played important roles in advancing the concept in public, and numerous other scholars worked the vineyards of academia and the judiciary to make the idea intellectually respectable and rigorous. Others such as Clarence Thomas and Amy Coney Barrett have carried the flame of its arguments

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