By Brodey Weber/Gator Galaxy Staff
On March 16, President Barack Obama took a bold step in defining his legacy by nominating Merrick Garland to the Supreme Court of the United States.
This marks President Obama’s third nomination to the highest court in the land, and arguably his most moderate selection.
Garland was previously on the short list to fill the vacancy in 2010 due to Justice John Paul Steven’s retirement. However President Obama selected Elena Kagan, who many Republicans criticized for being a “liberal activist,” which is why the President selected Kagan. The difference between 2010 and 2016 is the party that controls the Senate. After the 2014 mid-term elections the Republicans gained the majority in the Senate, allowing them to confirm or not to confirm any Supreme Court nomination.
On Feb. 13, just hours after Supreme Court Justice Antonin Scalia passed away, Senate Majority Leader Mitch McConnell stated there would not be a vote on the nominee, or even schedule a hearing. McConnell insisted that the American People should have a voice in this upcoming nominee, due to the 2016 Presidential Election.
Sen. Elizabeth Warren responded with Article II Section 2 of the Constitution that says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate. There is no clause that adds, “…except when there’s a year left in the term of a Democratic President.”
Both political parties have a lot at stake with this nomination. Justice Scalia was one of the most conservative members of the bench, and his vacancy could lead to President Obama selecting a centrist liberal to swing the court’s ideology. There are four liberal justices, Ruth Bader Ginsburg, Stephen Breyer, Elena Kagan and Sonia Sotomayer. Before Scalia died, there were four conservative justices, including Sammuel Alito, Clarence Thomas, and Chief Justice John Roberts. Justice Kennedy was often considered the moderate swing vote. With Garland’s selection it creates the possibility of having liberal leaning court.
Hours after President Obama’s announcement, Republican Sen. Tim Scott said, “It’s not about the person, but the principle,” following McConnell’s idea of waiting until after the Presidential election. The White House thinks otherwise, and believe Garland is the best man for the job.
Garland is currently the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, after his successful promotion by President Obama in 2013. He began his tenure on the Court of Appeals in 1997 after President Bill Clinton nominated him in the Republican controlled Senate.
Garland started his career by clerking for Judge Henry J. Friendly on the U.S. Court of Appeals for the 2nd Circuit, before clerking for Supreme Court Justice William J. Brennan Jr. Garland later went on to be a special assistant to U.S. Attorney General Benjamin Civiletti. In 1985, Garland was made a partner at Arnold & Porter, one of the most prestigious law firms in the nation. Feeling the desire to go back to public service, Garland became the Assistant U.S. Attorney in the U.S. Attorney’s Office for the District of Columbia. While working for President Clinton, Garland oversaw the Oklahoma City bombing prosecutions, the UNABOM prosecution, and the Atlanta Olympics bombings investigations.
Garland was born in Chicago, in 1952. The 63 year old is married to Lynn Rosenman, and have two daughters. He graduated as valedictorian from Harvard before receiving his Juris Doctorate from Harvard Law School in 1977.
