Ketanji Brown Jackson Has Perfected the Art of Originalism Jujitsu

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Ketanji Brown Jackson Has Perfected the Art of Originalism Jujitsu
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Jackson's skill may have helped stave off disaster in a handful of key cases.

in a 7–2 decision. The justice used a textualist analysis to reject Indiana’s contention that Medicaid is not a “law” capable of creating individual rights. She then deployed an originalist argument to conclude that Congress is well within its powers to enact such a law, administer it through the states, and give beneficiaries a right to sue under it. Her opinion was so bulletproof that even Justice Neil Gorsuch, fervent foe of federal power over the states, felt obliged to join it.

in a criminal justice case, which deployed textualism to let judges impose lighter sentences for certain offenses.

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