Obama nominates federal appeals court judge Merrick Garland to Supreme Court

ByKATHLEEN HENNESSEY and MARY CLARE JALONICK AP logo
Wednesday, March 16, 2016
Obama nominates Merrick Garland to Supreme Court
Political reporter Dave Evans has the latest details.

WASHINGTON -- President Barack Obama nominated appeals court judge Merrick Garland to the Supreme Court on Wednesday, challenging Republicans to drop their adamant refusal to even consider his choice in an election year.

Obama called Garland, a long-time jurist and former prosecutor, "one of America's sharpest legal minds" and deserving of a full hearing and Senate confirmation vote. Republican leaders, however, have said the vacant high court seat should not be filled until a new president is elected, a stance Senate Majority Leader Mitch McConnell emphasized immediately after the White House announcement.

Garland, 63, is the chief judge for the United States Court of Appeals for the District of Columbia Circuit, a court whose influence over federal policy and national security matters has made it a proving ground for potential Supreme Court justices.

President Obama on Garland:

President Obama announced Merrick Garland as his nominee for the Supreme Court, and urged Congress to confirm him.

He would replace conservative, Justice Antonin Scalia, who died last month, leaving behind a bitter election-year fight over the future of the court.

Garland, who had been passed over before, choked back tears, calling the nomination "the greatest honor of my life." He described his grandparents' flight from anti-Semitism in Eastern Europe and his modest upbringing.

He said he viewed a judge's job as a mandate to set aside personal preferences to "follow the law, not make it."

Merrick Garland on his nomination:

Merrick Garland speaks in the White House Rose Garden after being nominated by President Obama to the Supreme Court.

Obama noted Garland was confirmed to the D.C. Circuit in 1997 with backing from a majority in both parties, including seven current Republicans senators.

Sen. Chuck Schumer of New York, the No. 3 Democratic leader called Garland's section, "a bipartisan choice."

Senate Minority Leader Harry Reid, who spoke to Obama Wednesday morning, said in brief remarks on the Senate floor that Republicans must act on the president's choice. "He's doing his job this morning, they should do theirs," said the Nevada Democrat.

If confirmed, Garland would be expected to align with the more liberal members, but he is not viewed as down-the-line liberal. Particularly on criminal defense and national security cases, he's earned a reputation as centrist, and one of the few Democratic-appointed judges Republicans might have a fast-tracked to confirmation - under other circumstances.

Ahead of Obama's announcement, the Republican Party set up a task force that will orchestrate attack ads, petitions and media outreach. The aim is to bolster Senate Republicans' strategy of denying consideration of Obama's nominee. The party's chairman, Reince Priebus, described it as the GOP's most comprehensive judicial response effort ever.

On the other side, Obama allies have been drafted to run a Democratic effort that will involve liberal groups that hope an Obama nominee could pull the high court's ideological balance to the left. The effort would target states where activists believe Republicans will feel political heat for opposing hearings once Obama announced his nominee.

A native of Chicago and graduate of Harvard College and Harvard Law School, Garland clerked for two appointees of Republican President Dwight D. Eisenhower - the liberal U.S. Supreme Court Justice William Brennan Jr. and Judge Henry J. Friendly, for whom Chief Justice John Roberts also clerked.

In 1988, he gave up a plush partner's office in a powerhouse law firms to cut his teeth in criminal cases. As an assistant U.S. attorney, he joined the team prosecuting a Reagan White House aide charged with illegal lobbying and did early work on the drug case against then-D.C. Mayor Marion Barry. He held a top-ranking post in the Justice Department when he was dispatched to Oklahoma City the day after bombing at the federal courthouse to supervise the investigation. The case made his career and his reputation. He oversaw the convictions of Timothy McVeigh and Terry Nichols, and went on to supervise the investigation into Unabomber Ted Kaczynski.

MORE: 5 things you need to know about U.S. Supreme Court nominee Merrick Garland