As the confirmation hearing for Ketanji Brown Jackson, President Joe Biden’s pick to replace retiring Supreme Court Justice Stephen Breyer, got underway on March 21, Republicans pushed for a stricter approach to interpreting the Constitution, while Democrats, who have historically supported a looser interpretation, pushed for a less textually limited approach.
Republicans have long warned against the danger of justices “legislating from the bench,” or using their role in the judiciary to effectively make new laws rather than leaving that power to Congress.
