The only litmus test for judicial nominees is whether or not they will decide cases based on the original meaning of the Constitution, or what the Constitution meant to the ratifying public that adopted it. The Constitution is not a malleable document, whose meaning, limitations, and prescriptions change over time. Any nominee to the federal judiciary must be bound by principles of originalism, textualism, and must not be swayed by public pressure to decide cases based on what is popular rather than what the Constitution says.

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