Earlier today, President Barack Obama nominated Merrick Garland, who currently holds the most powerful federal judgeship below the Supreme Court, the office of Chief Judge of the U.S. Circuit Court of Appeals for the District of Columbia Circuit (D.C. Cir.), to the Associate Justice seat on the U.S. Supreme Court that became vacant upon the death of the late Justice Antonin Scalia.
While Garland would be a significant improvement over Scalia and a left-leaning swing vote on SCOTUS if confirmed, I strongly encourage Democratic U.S. Senators to demand that the Senate do its constitutional duty of conducting a confirmation process on the Garland appointment, but vote against Garland if given the opportunity to do so.
There is one primary reason why I oppose the nomination of Garland to our nation’s highest bench, and that is Garland’s deferral to the executive branch of the federal government, even if it blatantly goes against the constitutional rights of people. Here’s what I’m talking about:
Garland deferred similarly to federal agencies during the presidency of George W. Bush, irking many liberals with a 2003 ruling that denied Guantanamo detainees judicial review (later overturned by the Supreme Court) and with a string of pro-police rulings under Presidents Bill Clinton, Bush and Obama.
The job of a U.S. Supreme Court justice is not to build political consensus or issue rulings based on the current political climate at the time the ruling is issued. The job of a U.S. Supreme Court justice is to interpret the U.S. Constitution and federal laws, with the Constitution being the supreme law of the land. Garland’s complete disregard for the constitutional rights of the accused shows that Garland’s own interpretation of the Constitution is flawed, and that he should not be a SCOTUS justice.
While I strongly oppose Senate Republicans who won’t even schedule a confirmation hearing for Garland, I call for Senate Democrats to demand an opportunity to vote against Garland, in committee and, if he were to make it out of committee, the full Senate.