Liberals want a justice who is willing to expand the meaning of the Constitution without constitutional amendments. President Biden stressed that his nominee must follow a “living constitution” approach, including a broad view of “unenumerated rights.” When asked if she supported such an approach, Childs answered “no.” Jackson, in contrast, has been far more obscure and conflicted in her response.

When she was nominated for the district court, Jackson answered “no” to that question. However, when nominated for the appellate court (and widely discussed as a future Supreme Court nominee), she became more evasive and, frankly, baffling in her answer: She told the Senate that she simply did not have experience with such interpretations as a judge.

It was a bizarre response since the question concerned her judicial philosophy. After all, Jackson has a distinguished academic background and a long career in legal practice. She is clearly familiar with this core concept of liberal constitutional interpretation. (Her answer reminded some of us of when Justice Clarence Thomas testified that he really had not thought much about Roe v. Wade.)