• Did Freedom Win? No
  • Voted for Freedom 47
  • Voted Against Freedom 53
After campaigning for president on a promise to nominate the first black woman to the Supreme Court, President Joe Biden made good on that promise when Justice Breyer announced he would retire at the end of the Court’s current term in late June or early July. Before nominating Judge Jackson, Biden said he wanted a nominee with a judicial philosophy that “suggests that there are unenumerated rights to the Constitution and all the amendments mean something, including the Ninth Amendment.” Based on Biden’s record as the Chairman of the Senate Judiciary Committee when Judges Robert Bork and Clarence Thomas were nominated to the Supreme Court, it was obvious he wanted a nominee with a judicial philosophy nothing like Bork or Thomas. In other words, Biden does not want an originalist.

Originalism, or the theory of constitutional interpretation that holds that the Constitution should be interpreted based on how the ratifying public understood it at the time of adoption, is a prerequisite for any nominee to the Supreme Court. Justices that refuse to embrace originalism and see the Constitution as a power-limiting document instead of a power-granting document can quickly become activists constrained by nothing. Each of President Donald Trump’s Supreme Court nominees embraced originalism both before the Senate Judiciary Committee and in their records as lower court judges.

In stark contrast, Judge Jackon’s record reveals she is not an originalist. When she was nominated to the D.C. Circuit a year ago, she told Senator Cruz she did not have a theory of constitutional interpretation, and she refused to reject the theory of a “living Constitution.” But in her Supreme Court confirmation hearing, Judge Jackson rejected “living Constitutionalism” and talked about the importance of interpreting the Constitution based on its original public meaning. Nevertheless, she still rejected the originalist label when asked to describe her judicial philosophy. Instead of a judicial philosophy, Judge Jackson told Senators she had a much more malleable three step “judicial methodology.” Moreover, she refused to say whether her methodology is anything like what is employed by any current or former justice of the Supreme Court.

In her most consequential constitutional law case, Judge Jackson held that the House Judiciary Committee could enforce its subpoena of former White House Counsel Don McGahn in federal court. In reaching this decision, she employed a methodology that was remarkably un-originalist. Miraculously, Jackson agreed with the Department of Justice that for 200 years after the Founding, lawsuits between Congress and the Executive Branch did not occur because they negotiated these disputes. In other words, there was no history of lawsuits of this kind. Instead of this fact playing a decisive role, Judge Jackson disregarded it and held that Congress subpoenaing the Executive Branch is no different than subpoenaing a private individual. She also relegated Congress to that of an ordinary citizen seeking federal court against an unconstitutional action of the Executive Branch. Judge Jackson’s opinion shows a complete misunderstanding of the separation of powers.

One of, if not the most important, votes a Senator takes is to confirm or reject a nominee for the Supreme Court. Based on Judge Jackson’s record, judicial methodology, and what the Democratic Party and far-left activists expect from her, she should not be confirmed.

Legislator's Votes

Voted for Freedom

John Barrasso

Senator WY

John Barrasso

  • Voted for Freedom? Yes
Roy Blunt

Senator MO

Roy Blunt

  • Voted for Freedom? Yes
John Boozman

Senator AR

John Boozman

  • Voted for Freedom? Yes
Mike Braun

Senator IN

Mike Braun

  • Voted for Freedom? Yes
Richard Burr

Senator NC

Richard Burr

  • Voted for Freedom? Yes
Shelley Capito

Senator WV

Shelley Capito

  • Voted for Freedom? Yes
Bill Cassidy

Senator LA

Bill Cassidy

  • Voted for Freedom? Yes
John Cornyn

Senator TX

John Cornyn

  • Voted for Freedom? Yes
Tom Cotton

Senator AR

Tom Cotton

  • Voted for Freedom? Yes
Kevin Cramer

Senator ND

Kevin Cramer

  • Voted for Freedom? Yes
Mike Crapo

Senator ID

Mike Crapo

  • Voted for Freedom? Yes
Ted Cruz

Senator TX

Ted Cruz

  • Voted for Freedom? Yes
Steve Daines

Senator MT

Steve Daines

  • Voted for Freedom? Yes
Joni Ernst

Senator IA

Joni Ernst

  • Voted for Freedom? Yes
Deb Fischer

Senator NE

Deb Fischer

  • Voted for Freedom? Yes
Lindsey Graham

Senator SC

Lindsey Graham

  • Voted for Freedom? Yes
Bill Hagerty

Senator TN

Bill Hagerty

  • Voted for Freedom? Yes
Josh Hawley

Senator MO

Josh Hawley

  • Voted for Freedom? Yes
John Hoeven

Senator ND

John Hoeven

  • Voted for Freedom? Yes
Jim Inhofe

Senator OK

Jim Inhofe

  • Voted for Freedom? Yes
Ron Johnson

Senator WI

Ron Johnson

  • Voted for Freedom? Yes
John Kennedy

Senator LA

John Kennedy

  • Voted for Freedom? Yes
Mike Lee

Senator UT

Mike Lee

  • Voted for Freedom? Yes
  • Session Score 100%
Cynthia Lummis

Senator WY

Cynthia Lummis

  • Voted for Freedom? Yes
Roger Marshall

Senator KS

Roger Marshall

  • Voted for Freedom? Yes
Jerry Moran

Senator KS

Jerry Moran

  • Voted for Freedom? Yes
Rand Paul

Senator KY

Rand Paul

  • Voted for Freedom? Yes
Rob Portman

Senator OH

Rob Portman

  • Voted for Freedom? Yes
  • Session Score 63.6%
Jim Risch

Senator ID

Jim Risch

  • Voted for Freedom? Yes
Mike Rounds

Senator SD

Mike Rounds

  • Voted for Freedom? Yes
Marco Rubio

Senator FL

Marco Rubio

  • Voted for Freedom? Yes
  • Session Score 100%
Ben Sasse

Senator NE

Ben Sasse

  • Voted for Freedom? Yes
Tim Scott

Senator SC

Tim Scott

  • Voted for Freedom? Yes
Rick Scott

Senator FL

Rick Scott

  • Voted for Freedom? Yes
Richard Shelby

Senator AL

Richard Shelby

  • Voted for Freedom? Yes
Dan Sullivan

Senator AK

Dan Sullivan

  • Voted for Freedom? Yes
John Thune

Senator SD

John Thune

  • Voted for Freedom? Yes
Thom Tillis

Senator NC

Thom Tillis

  • Voted for Freedom? Yes
Pat Toomey

Senator PA

Pat Toomey

  • Voted for Freedom? Yes
Roger Wicker

Senator MS

Roger Wicker

  • Voted for Freedom? Yes
Todd Young

Senator IN

Todd Young

  • Voted for Freedom? Yes

Voted Against Freedom

Tammy Baldwin

Senator WI

Tammy Baldwin

  • Voted for Freedom? No
Cory Booker

Senator NJ

Cory Booker

  • Voted for Freedom? No
Sherrod Brown

Senator OH

Sherrod Brown

  • Voted for Freedom? No
Ben Cardin

Senator MD

Ben Cardin

  • Voted for Freedom? No
Tom Carper

Senator DE

Tom Carper

  • Voted for Freedom? No
Bob Casey

Senator PA

Bob Casey

  • Voted for Freedom? No
Susan Collins

Senator ME

Susan Collins

  • Voted for Freedom? No
Chris Coons

Senator DE

Chris Coons

  • Voted for Freedom? No
Dick Durbin

Senator IL

Dick Durbin

  • Voted for Freedom? No
Maggie Hassan

Senator NH

Maggie Hassan

  • Voted for Freedom? No
Mazie Hirono

Senator HI

Mazie Hirono

  • Voted for Freedom? No
Tim Kaine

Senator VA

Tim Kaine

  • Voted for Freedom? No
Mark Kelly

Senator AZ

Mark Kelly

  • Voted for Freedom? No
Angus King

Senator ME

Angus King

  • Voted for Freedom? No
Amy Klobuchar

Senator MN

Amy Klobuchar

  • Voted for Freedom? No
Patrick Leahy

Senator VT

Patrick Leahy

  • Voted for Freedom? No
Ben Luján

Senator NM

Ben Luján

  • Voted for Freedom? No
Joe Manchin

Senator WV

Joe Manchin

  • Voted for Freedom? No
Ed Markey

Senator MA

Ed Markey

  • Voted for Freedom? No
Bob Menendez

Senator NJ

Bob Menendez

  • Voted for Freedom? No
Jeff Merkley

Senator OR

Jeff Merkley

  • Voted for Freedom? No
Chris Murphy

Senator CT

Chris Murphy

  • Voted for Freedom? No
Patty Murray

Senator WA

Patty Murray

  • Voted for Freedom? No
Jon Ossoff

Senator GA

Jon Ossoff

  • Voted for Freedom? No
Alex Padilla

Senator CA

Alex Padilla

  • Voted for Freedom? No
Gary Peters

Senator MI

Gary Peters

  • Voted for Freedom? No
Jack Reed

Senator RI

Jack Reed

  • Voted for Freedom? No
Mitt Romney

Senator UT

Mitt Romney

  • Voted for Freedom? No
Jacky Rosen

Senator NV

Jacky Rosen

  • Voted for Freedom? No
Brian Schatz

Senator HI

Brian Schatz

  • Voted for Freedom? No
Chuck Schumer

Senator NY

Chuck Schumer

  • Voted for Freedom? No
Tina Smith

Senator MN

Tina Smith

  • Voted for Freedom? No
Jon Tester

Senator MT

Jon Tester

  • Voted for Freedom? No
Mark Warner

Senator VA

Mark Warner

  • Voted for Freedom? No
Ron Wyden

Senator OR

Ron Wyden

  • Voted for Freedom? No