Jackson Distances Herself From Concept of Living Constitution

Judge Jackson distanced herself from the idea that the meaning of the Constitution evolves over time, characterizing her judicial philosophy as deeply rooted in the meaning of legal texts as originally written.

Mr. Grassley pressed Judge Jackson on whether she believes in the idea of a living Constitution, whose meaning can evolve as society changes over time. That clashes with the approach favored by conservatives, who emphasize the meaning of constitutional provisions at the time they were adopted.

“I do not believe that there is a living Constitution in the sense that it is changing or infused with my own perspective or the policy perspective of the day,” Judge Jackson said.

This is Judge Jackson's third confirmation hearing for a federal judgeship, which has given senators multiple opportunities to question her on her judicial philosophy. She has been fairly circumspect in the past.

"I do not have a judicial philosophy per se, other than to apply the same method of thorough analysis to every case, regardless of the parties,” she said in written answers last year when the committee was considering her for a seat on an influential federal appeals court.