RedState: ‘Confirm Merrick Garland Before It Is Too Late’

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RedState: ‘Confirm Merrick Garland Before It Is Too Late’

BY IAN MILLHISER MAY 4, 2016 10:42 AM

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CREDIT: AP PHOTO/SETH PERLMAN



RedState, the influential conservative blog that has often helped shape the outcome of Republican primary elections and congressional Republican strategy, says its now time for Republicans to end their blockade of Chief Judge Merrick Garland’s nomination to the Supreme Court. “Now that Donald Trump is the presumptive nominee, this is not even a close call,” the site tells its readers, adding that “there is absolutely no reason to drag this out any longer.”

The conservative site’s new position, penned by RedState managing editor Leon Wolf, is hardly a robust endorsement of President Obama’s nominee. “Garland is not a great choice,” Wolf writes, “but he is not a terrible one, either.” Wolf sees Garland’s primary virtue as the fact that he is unlikely to remain on the Supreme Court for very long — “he is old (for a modern Supreme Court appointment) and will be up for replacement in probably 10 years instead of 20 or 30.”

That fact, Wolf writes, argues in favor of confirming Garland before he is replaced with someone else:

Republicans must know that there is absolutely no chance that we will win the White House in 2016 now. They must also know that we are likely to lose the Senate as well. So the choices, essentially, are to confirm Garland and have another bite at the apple in a decade, or watch as President Clinton nominates someone who is radically more leftist and 10-15 years younger, and we are in no position to stop it.

This unqualified call for Republicans to change strategy could be an important development in the battle over the Supreme Court. From the moment Justice Antonin Scalia’s death created a vacancy on the Supreme Court, Senate Republicans were hemmed in by conservative interest groups thatdemanded maximal resistance to anyone President Obama named to fill this vacant seat. RedState, however, historically has been aligned with the factions that demand scorched earth tactics. So Wolf’s call for Garland’s confirmation suggests that even the most hardline Republicans could soften their position now that Trump is the nominee.

The question, however, is whether such softening will matter. Especially in a post-Citizens Unitedworld, it is very easy for interest groups to raise enough money to harass senators and to back a credible primary challenger in that senator’s next race. Thus, even if the overwhelming majority of movement conservatives break in favor of a Garland confirmation, Senate Republicans may still be spooked by small, minority factions that cling to their demands for maximal opposition.
RedState: ‘Confirm Merrick Garland Before It Is Too Late’
 

Darth Nubian

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Redstate is a component of my daily "Two minutes of Hate" browsing :ahh:. The members there have finally realized that they have been hustled by talk radio. They actually thought that they were apart of a silent majority and that if the republican party nominated a true conservative they would sweep to the White House. Instead, multiple styles of conservatism were rejected by the base (they thought they were the base) and Trump wins the republican nomination while espousing some leftist positions. The comments this week have almost been as good as when Obama won re-election.
 

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But what if their gamble pays off? The need to make such grand pronouncements is an ugly trait.
 

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Merrick Garland Coolly Tells Congress He’s Never Been Overruled By The Supreme Court
It’s as close to bragging as the uncontroversial judge will probably get.
05/10/2016 08:06 pm ET | Updated 19 hours ago
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PABLO MARTINEZ MONSIVAIS/ASSOCIATED PRESS


Supreme Court nominee Merrick Garland may give off the vibe that he’s an unassuming, middle-of-the-road candidate waiting patiently on Senate action regarding his confirmation.

Which he is. To date, it’s been more than 50 days since President Barack Obamanominated Garland to fill the seat of the late Justice Antonin Scalia, and Senate Republicans appear all but resolved to block his nomination so President Donald Trump can pick a “wonderful, conservative, good, solid, brilliant“ judge instead.

Lest anyone doubt that Garland is already many of those things, the nominee on Tuesday submitted to the Senate Judiciary Committee a 141-page questionnaire — along with a 2,066-page appendix — that offers yet another glimpse at his legal career and his approach to decision-making over the years:


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Like the #SCOTUS nominees before him, Judge Garland filled out a questionnaire for Senators: http://go.wh.gov/Questionnaire

12:21 PM - 10 May 2016


Tucked deep in this document, which includes lists of Garland’s most notable cases and accounts of his litigation experience, was a striking detail about his nearly 20 years as a judge on the U.S. Court of Appeals for the D.C. Circuit, an influential body that is widely regarded as a pipeline to the nation’s high court.

“None of the opinions I have authored has been reversed, either by the Supreme Court of the United States” or by the full D.C. Circuit, Garland told the Senate Judiciary Committee.

That’s an impressive feat, given that Garland has penned more than 350 lead opinions as an appellate judge and participated with other judges in more than 2,600 cases since he was appointed to the bench in 1997, according to the questionnaire.

There are some caveats. Garland does note that there was one case where the Supreme Court reversed him, but not because he was wrong. Rather, it was because the law had changed. In 2005, the Supreme Court ruled that federal judges aren’t bound to follow the U.S. Sentencing Guidelines when making sentencing determinations.

It turns out that right before the high court issued that ruling, Garland had largely upheld three criminal sentences based on the old state of the law. After the Supreme Court ruled on the matter, those sentences were deemed no longer valid and were reversed by the justices. In other words, it seems like Garland got the law right the first time around — it just didn’t stay the law for long.

Garland also listed five other instances where he was part of a three-judge panel that issued an opinion — but where he was not personally the author — and where the Supreme Court later decided to issue either a full or a partial reversal. These included a criminal case very similar to the one above, a case dealing with Guantanamo Bay detainees and three cases involving federal agencies.

There are other tidbits of interest in Garland’s questionnaire, including what he considers his most important decisions — his top pick was a big win for freedom of the press — as well as descriptions of his volunteer work as a grade-school tutor for the past 18 years. There was also this nugget from when he was in private practice:

While I was at Arnold & Porter in the 1980s, a young man who worked as a photocopier operator at the firm asked me to help him with his writing. I worked with and mentored him over many years, both while I was in private practice and in the government, from the time we met through his successful graduation from law school and entry into the legal profession.

Will any of this matter? Probably not, as qualifications seem to be irrelevant to Senate Republicans who appear increasingly persuaded that a businessman withzero government experience and troubling constitutional views would somehow uphold their vision of a principled conservative for the Supreme Court.

Merrick Garland Coolly Tells Congress He's Never Been Overruled By The Supreme Court
 
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