Wednesday, March 16, 2016

Merrick Garland nominated to the Supreme Court

President Obama has nominated Merrick Garland, age 63, to the United States Supreme Court.

I don't know anything about Judge Garland, and indeed rarely do we know anything about a Supreme Court nominee prior to his nomination.  He apparently has a reputation as being a moderate to liberal Federal Judge.  He is a Harvard Law graduate (yet again) and he clerked for the legendary Judge Herbert J. Friendly prior to clerking for United States Supreme Court Justice William J. Brennan.  Brennan was a liberal Supreme Court Justice and we will likely be hearing about that if the confirmation process begins.

His remarkably older than recent nominees, which is interesting.  At age 63 this will be his one and only chance to make the Supreme Court.  He also has more experience, apparently, on the Federal bench than any other prior nominee.

Other than that, I can't comment much on him.  I would note that this is yet another instance of the Ivy League law schools having a seeming lock on the high court, which I don't think is a good thing, and its also another instance of the only people being considered being people who are currently sitting on the Federal bench in a lower appeals court.  Having said that, given the political dynamics in play, President Obama had to either nominate a sitting judge or a non controversial politician.  An attempt to do the latter seems to have been made with the vetting of Nevada's current governor, who declined to be considered.

On the politics of this, this now puts the Senate to the test.  If it declines to consider Garland it gambles on the Republican Party taking the Presidency, which is looking increasingly unlikely.  Garland is likely to be less liberal, maybe, than anyone Hillary Clinton, who is likely to be the Democratic nominee, may make.  Additionally, given the extreme contentiousness of the current political season there is some question, although only sum, on whether the GOP shall hold the Senate.  I think it likely that it will, but if it fails to then the next nominee will definitely be a more liberal judge. Indeed, it is not impossible that the next justice, under that scenario, could be President Obama, following in the footsteps of President Taft.

Of course, backing down from the pledge not to consider a nominee would have political consequences, the most likely one being that it would become fodder for the Trump campaign, which is currently under siege from the Republican "establishment" and which would argue that the GOP was betraying the base.

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