Monday, February 28, 2011

Who is Merrick Garland and why is he important?

Merrick Garland is the current nominee to fill the vacant seat on the United States Supreme Court, the highest court in the country. The vacancy is a result of Judge Antonin Scalia's unexpected death in February of 2016. Merck Garland currently serves as the chief judge of the United States Court of Appeals for the District of Columbia Circuit, the second highest court in the country.


His nomination is important for a variety of reasons.


First, a Supreme Court vacancy does not come available very often, since judicial appointments are for life. A serving justice must either retire or die in order for one to come available, and with some current judges serving into their 70's, we see how seldom retirement happens.


Second, the vacancy currently leaves eight Supreme Court justices whose political and personal leanings may cause several ties as they go to decide cases. Four of them usually swing conservative when voting, and the other four usually swing liberal. This means the next justice to be elected will play a crucial role in breaking ties.  SO, Democrats would like to see a Liberal justice and Republicans would like to see a conservative justice.


Third, President Obama is considered a lame-duck President, meaning that his term is nearly over and much of the legislation he would like to pass in his final few months is likely to be blocked by Republicans. The majority of Republicans serving in the Senate vowed not to consider any of President Obama's Supreme Court nominees, believing that the newest justice should be chosen by the new President who will take office in January 2017.


Fourth, the Republicans made this vow prior to President Obama nominating Garland.  Things became a bit complicated when he chose Garland because he is "unequivocally qualified," and well-liked by both Democrats and Republicans. Obama was expected to nominate someone clearly liberal. Many Democrats have made the argument that if the Republicans refuse to give Garland a confirmation hearing (like a very official job interview where the Senate decides if they approve of him), they are doing so only as a political move and not based on the quality of the nominee, who many have said would be confirmed any other circumstances. In fact, several Republicans have come out and said that refusing to give Garland a hearing is based on principle, not the person. In other words, they feel that the President has the right to nominate someone, but the Senate has the right not to provide a hearing for that person. The Senate Republicans feel the next President should nominate the newest justice.


So, Merrick Garland is important because he happens to be nominated right in the middle of a very politicized and tense Presidential campaign, and represents a possible swing vote for many upcoming Supreme Court decisions should he be confirmed.

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