Who Is Merrick Garland? 5 Things to Know About Obama's SCOTUS Nominee | Sojourners

Who Is Merrick Garland? 5 Things to Know About Obama's SCOTUS Nominee

Screenshot of livestream via WhiteHouse.gov

When Antonin Scalia died in mid-February, one question was on everyone's mind: Who's next?

Obama has selected Merrick Garland, 63, confirming leaked reports in anticipation of Obama's 11 a.m. news conference. Here are five things to know about the SCOTUS nominee:

1. He's a moderate

Some say Garland is pro-law enforcement, others that he's pro-gun laws. Tom Goldstein at SCOTUSblog said in 2010 that he is "essentially the model, neutral judge."

2. He's currently Chief Judge of the United States Court of Appeals for the District of Columbia Circuit

He was first appointed to the court 19 years ago by then-President Bill Clinton. Garland is the oldest person to be nominated to the court since 1971, when Lewis Powell was nominated at age 64. He is a graduate of Harvard Law School, like five other current Supreme Court justices and Scalia himself.

3. He's more conservative on law enforcement

Writing in 2010, Tom Goldstein at SCOTUSblog said, "Judge Garland is the least likely to adopt a liberal position" on issues related to criminal law. Goldstein noted that Garland "rarely votes in favor of criminal defendants' appeals of their convictions." This is especially noteworthy given the Obama administration's recent efforts to reign in law enforcement.

Garland has also denounced the "judicial activism" that often angers so many conservatives, including the late Antonin Scalia. When asked about the issue in 1995, Garland said the role of the court is to apply the law, "not to legislate, not to arrogate itself to executive power, not to hand down advisory opinion on the issues of the day." 

4. He's more liberal on guns 

In D.C. v. Heller, the Supreme Court struck down D.C.'s handgun ban, and Garland dissented, asking to rehear the case. Based on this case, The National Review writes, "He has a very liberal view of gun rights [and] he's willing to uphold executive actions that violate the rights of gun owners," views that may excite more progressive observers.

5. He's Jewish 

If Garland is confimed, the Supreme Court will have five Catholic and four Jewish justices serving on court — a slight shift from the previous six-to-three ratio, but maintaining the exclusivity of Catholic and Jewish traditions represented.

Of course, this may not amount to Garland becoming the next Supreme Court justice. Republicans have vowed to block any nomination from Obama. Obama's initial announcement of his nomination called on Senators to "do their jobs."

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