Captain Bearcat
All-American in Everything
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Flashbacks: "Moderate" Merrick Garland
Washington Post, March 16, 2016
https://www.washingtonpost.com/world/nat...story.html
Quote:President Obama nominates Merrick Garland to the Supreme Court
President Obama nominated Appeals Court Judge Merrick Garland to the U.S. Supreme Court on Wednesday, calculating that the highly regarded jurist might blunt some of the expected political attacks and ultimately embarrass Senate Republicans into dropping their fierce opposition to the nomination.
Amid a swirl of speculation about whether Obama would use the vacancy to expand ethnic or gender diversity on the court, Obama picked Garland, the 63-year-old chief judge of the U.S. Court of Appeals for the District of Columbia Circuit. A moderate who has been on the appellate bench for almost two decades, Garland has served presidents from both parties and was confirmed by the Senate 19 years ago.
Los Angeles Times, MARCH 16, 2016
https://www.latimes.com/opinion/opinion-...story.html
Quote:Opinion: Garland nomination to Supreme Court could put GOP in no-win situation
President Obama’s nomination of federal appeals court Judge Merrick Garland for the Supreme Court led some pundits to declare that Republicans would be hard-pressed to oppose him. After all, Garland is seen as a moderate and exceptionally sharp, and his near 20-year tenure on the Court of Appeals for the District of Columbia Circuit provided particularly good training for the work he’d see on the high court.
Los Angeles Times, MARCH 16, 2016
https://www.latimes.com/nation/la-na-cou...story.html
Quote:Oklahoma City bombing deeply affected Supreme Court nominee Merrick Garland
At 63, Garland is one of the most respected and best-liked judges in Washington, among Republicans as well as Democrats. And he has been seen as a potential Supreme Court nominee since the late 1990s just years after his work on the Oklahoma City bombing case helped win him appointment to the U.S. Court of Appeals for the District of Columbia Circuit.
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A moderate-to-liberal jurist, Garland often has found a way to work with the court’s Republican appointees, who until recently held the majority on the D.C. Circuit.
He is known for asking probing questions of lawyers, but in a courteous manner. And his opinions are careful and moderate in tone, often narrowly crafted to garner more support.
The Guardian, March 24, 2016
https://www.theguardian.com/us-news/2016...ans-senate
Quote:Joe Biden: Merrick Garland nomination intended to offset 'divided government'
Vice-president Joe Biden has admitted that the White House made a political calculation in nominating “moderate” Merrick Garland to a lifetime position on the supreme court, a choice that disappointed some liberal activists.
“Because the government is divided, the president did not go on and find another [William] Brennan. Merrick Garland intellectually is capable as any justice, but he has a reputation for moderation. I think that’s a responsibility of an administration in a divided government. Some of my liberal friends don’t agree with me, but I do. It’s about the government functioning.”
NPR, March 16, 2016
https://www.npr.org/2016/03/16/126614141...an-support
Quote:Merrick Garland Has A Reputation Of Collegiality, Record Of Republican Support
President Obama's choice to serve as the newest Supreme Court justice is Merrick Garland, a moderate federal appeals court judge and former prosecutor with a reputation for collegiality and meticulous legal reasoning.
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On the appeals court, Garland has been a moderate liberal, with a definite pro-prosecution bent in criminal cases. Indeed, his views in the area of criminal law are considerably more conservative than those of the man he would replace, Justice Antonin Scalia.
Vox, March 16, 2016
https://www.vox.com/2016/3/16/11249956/u...rt-nominee
Quote:11 things you should read to understand Supreme Court pick Merrick Garland
One really great introduction to Garland was written back in 2010, when he was first under consideration for the high court, by SCOTUSBlog's Tom Goldstein. Goldstein provides a broad overview of Garland's path to the Circuit Court and attempts to offer a synthesis of Garland's judicial philosophy.
"Judge Garland's record demonstrates that he is essentially the model, neutral judge," Goldstein writes. "His opinions avoid unnecessary, sweeping pronouncements."
Like Goldstein, Adler offers a bird's-eye view on Garland's approach to the law and tries to suss out how the new justice, if confirmed, would tip the balance of the Supreme Court.
"If I had to make a prediction, I would expect a Justice Garland to be more moderate, or closer to the center of the court, than is Justice Sonia Sotomayor, but it is hard to tell," Adler says.
....
Written by a friend, this column provides an unapologetic defense of the justice. "It exemplifies the work of a judge who is moderate by conviction," Caplan writes of one of Garland's rulings, "while making clear that being moderate does not mean stinting on upholding essential democratic safeguards, like those against threats to good government."
MSNBC, March 16, 2016
https://www.msnbc.com/msnbc/progressives...msna816201
Quote:Progressives split on Merrick Garland as pick for Supreme Court
The left is unanimous that the moderate Merrick Garland should get a hearing. But how hard activists will work on his behalf is unclear. And it could matter.
Conservatives are already demanding that the GOP hold the line by refusing even to schedule a hearing for Garland, a former prosecutor and the chief judge of the U.S. District Court of Appeals. Meanwhile, progressive groups, including those that are often Obama allies, face a trickier question: Should they work energetically on behalf of Garland’s nomination, given his reputation as a judicial moderate? A Justice Garland would be expected to vote with the liberals more often than not, but he’s not seen as someone who will help shift the court in a progressive direction over the long-term.
Chicago Tribune, September 20, 2020
Quote:Supreme Court nomination: Merrick Garland’s shadow hangs over the fight to replace Ruth Bader Ginsburg
At that very moment, McConnell changed the course of the court and every confirmation battle to come. By the time President Barack Obama nominated Judge Merrick Garland — a mild-mannered jurist with impeccable credentials, a moderate record and fans across the ideological spectrum — the Washington apparatus that gears up around Supreme Court nominations no longer felt quite the same.
NPR, March 10, 2021
https://www.npr.org/2021/03/10/972570212...-court-bid
Quote:Garland Confirmed As Attorney General 5 Years After Thwarted Supreme Court Bid
Garland, a moderate judge with deep prosecutorial experience, will soon lead a Justice Department reeling from political scandals and racing to confront the threat from violent homegrown extremists.
And they're still at it this year:
Forbes, June 25, 2022
https://www.forbes.com/sites/nicholasrei...38b7a11499
Quote:Roe V. Wade Overturned: The Ultimate Explainer On What It Means
Sen. Mitch McConnell (R-Ky.) also played a massive role in shifting the court’s ideology. As Senate majority leader in 2016, he prevented former President Barack Obama from replacing conservative Justice Antonin Scalia with moderate Merrick Garland, arguing it was too close to an election. The move cleared the way for Trump to replace Scalia with conservative Neil Gorsuch. But after Ginsburg died in September 2020, McConnell took a 180 and swiftly moved to confirm Barrett weeks before an election, in a process critics felt was rushed.
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