Rubio to examine Biden Supreme Court pick on originalism, saying justices are not 'policymakers'

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Biden to nominate Judge Ketanji Brown Jackson for Supreme Court

Jackson would be the first Black woman to serve as a Supreme Court justice

EXCLUSIVE: ORLANDO, Fla. – Republican Sen. Marco Rubio reacted to President Biden’s Supreme Court pick Judge Ketanji Brown Jackson on Friday, saying justices on the high court are "not policymakers," and if a nominee applies the Constitution based on its "original intent," he will be supportive of that individual.

Biden on Friday nominated Judge Ketanji Brown Jackson to the Supreme Court, making good on his campaign promise to pick the first Black woman to serve on the nation’s highest court.

During an exclusive interview with Fox News on the sidelines of the Conservative Political Action Conference (CPAC) on Friday, Rubio, R-Fla., reacted to the nomination, saying his view of any Supreme Court nominee is "pretty straightforward."

"Obviously they have to be someone that has the intellect, educational credentials and the like and I’m sure whoever he nominates will," Rubio told Fox News Digital.

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"But the second is the most important – I believe, I feel very strongly that Supreme Court nominees are not policymakers," Rubio said. "Their job is to interpret the constitution and the issue before them – whether they agree with the policy outcome or not is irrelevant."

Sen. Marco Rubio, R-Fla., speaks during the Conservative Political Action Conference (CPAC) at The Rosen Shingle Creek on Feb. 25, 2022, in Orlando, Florida.  (Joe Raedle/Getty Images)

Rubio said what is "relevant" is that the individual "apply the constitution based on its original intent."

"We have a way of changing the Constitution in this country – it's not the Supreme Court," Rubio said.

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"So, if someone has a record that clearly evidences that’s how they view their role as a Supreme Court justice, I’ll be supportive," Rubio said. "And if they don’t, I won’t. And that’s what I’ll analyze here no matter who he nominates."

Ketanji Brown Jackson, nominated to be a U.S. Circuit Judge for the District of Columbia Circuit, testifies before a Senate Judiciary Committee hearing on pending judicial nominations on Capitol Hill, April 28, 2021 in Washington. (Kevin Lamarque-Pool/Getty Images)

Biden, on Friday, nominated Brown Jackson, 51, a judge for the U.S. Court of Appeals for the District of Columbia.

"I’m proud to announce that I am nominating Judge Ketanji Brown Jackson to serve on the Supreme Court," Biden wrote in a Friday morning tweet confirming his pick. "Currently serving on the U.S. Court of Appeals for the D.C. Circuit, she is one of our nation’s brightest legal minds and will be an exceptional Justice."

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Brown Jackson is Biden’s first Supreme Court pick of his presidency, after Justice Stephen Breyer, 83, announced his retirement last month.

Supreme Court Associate Justice Stephen Breyer announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. President Biden looks on. (AP Photo/Andrew Harnik)

Brown Jackson has faced heightened scrutiny over a judicial record that includes high-profile rulings later overruled by higher courts.

Brown Jackson's record was a focal point last year during her confirmation for a seat on the U.S. Circuit Court of Appeals for the District of Columbia, where she now sits.

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The judge was said to be one of three candidates who was interviewed personally by Biden. 

The Supreme Court is now dominated 6-3 by conservatives after former President Donald Trump named three nominees. 

Fox News' Jessica Chasmar and Bill Mears contributed to this report.