As hearings got underway for Ketanji Brown Jackson, President Joe Biden’s pick to replace outgoing Justice Stephen Breyer, Republicans pushed for a stricter approach to interpreting the Constitution while Democrats, who have historically supported a looser interpretation, pushed for a less textually limited approach. Republicans have long warned against the danger of justices “legislating from the bench,” using their role in the judiciary to effectively make new laws rather than leaving that power to Congress. Supporters of a stricter interpretation of the Constitution have pointed to cases like Roe v. Wade as an example of such overreach of power. In that case, the Supreme Court effectively barred states from outlawing abortion in the first trimester and required that states not impose significant hardships to citizens in their state receiving an abortion. In Obergefell v. Hodges, a controversial case which required that all 50 states permit same-sex marriage, the Supreme Court …