Under normal circumstances — without such historic potential consequences on the line — President Obama’s choice for the U.S. Supreme Court would be considered damn near perfect.
Merrick Garland fits the bill — to the letter.
Brilliant legal scholar; strict adherent to the Constitution; moderate judicial philosophy; meticulous writer; tremendous personal story; varied legal career in private practice and as a federal prosecutor; many years of experience on the federal bench; virtually unanimous admiration among his peers.
Then again, he’s got this particular problem that is not of his making.
He’s been chosen to the highest court in the land during an election year. That, by itself, isn’t a deal breaker. Except that Republicans who control the U.S. Senate, which must confirm the appointment, have made it one.
They’ve declared that Obama shouldn’t get to pick someone to replace the late conservative ideologue Antonin Scalia during the heat of a presidential election campaign. They want to hand that duty over to the next president who, they hope, will be a Republican.
They’ve declared that the current president doesn’t get to his job, which the U.S. Constitution says includes making appointments to the federal bench. He’s made a big choice. Garland is been named to fill some huge shoes on the Supreme Court.
His only drawback, if you want to call it that, is that he isn’t the rock-ribbed, ironclad conservative in the mold of Scalia. Oh, no. Garland is a moderate. He’s a mainstream, thoughtful jurist with a gleaming reputation for careful legal scholarship.
What, do you suppose, will be the American Bar Association’s rating of this guy, when the ABA decides to make that declaration? I’ll predict he’ll get the highest recommendation possible from the bar.
So what in the world is holding up his confirmation? It’s the obstruction of the Senate Majority Leader, Mitch McConnell, who vows to block any attempt even to conduct a confirmation hearing before the Senate Judiciary Committee.
And to think that McConnell had the brass to say that the president is “politicizing” this pick by criticizing Republicans’ effort to block it.
The stunning lack of self-awareness here is beyond belief. It’s McConnell and his Senate lieutenants who have politicized this process by stating that the 44th president of the United States shall not have his judicial appointment even considered for confirmation.
Why? Because they hope to get one of their fellow Republicans elected president this November.
Something tells me McConnell and his gang of Senate GOP obstructionists are flirting with political disaster if they insist on continuing to play this foolish game.
