This is the Cato Daily Podcast for Monday, March 28, 2022.

I'm Caleb Brown.

The Supreme Court nomination hearings of Judge Katanji Brown Jackson are over.

Now the Senate will weigh what they know and have heard about

the judge's record and judicial philosophy.

Cato's Tommy Berry and Jay Schweikert discuss the hearings and what comes next.

There are many legitimate criticisms of the process of even having hearings for potential

Supreme Court nominees. I think the hearings for Contagee Brown Jackson to serve on the

U.S. Supreme Court contained a lot of the things that were used to seeing that have come to

typify I think Supreme Court hearings in the past but of course there was some

substantive discussion of issues, issues that might come before the court, issues of judicial philosophy.

So to you, Tommy, I'll start with you, what jumped out at you as being a discussion that you were looking forward to that actually occurred?

Yeah, I'll say definitely I most enjoyed her dialogue with Senator Ben Sass of Nebraska who asked some substantive

questions about judicial philosophy and essentially the debates between an originalist approach to interpreting the Constitution

that looks to the original public meaning of the text

versus sort of a proposivist approach,

which looks to the original principles embodied in the text but

perhaps tries to update those principles to deal with modern problems and

surprisingly even though Judge Jackson clerked for Justice Breyer,

she admitted that Justice Breyer has essentially lost that debate to Justice Scalia

and that the majority of the of the law of the Constitution or a statute at the time it was enacted and it's

really striking that an approach that was seen in the late 80s when Robert Bork was

...