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lovemydog

(11,833 posts)
Wed Mar 16, 2016, 10:44 AM Mar 2016

Merrick Garland

Merrick Brian Garland (born November 13, 1952) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. On March 3, 2016, Garland was nominated to the United States Supreme Court by President Barack Obama.

Early life, education and legal training
Garland was born in Chicago, Illinois. His mother, Shirley (née Horwitz), was a director of volunteer services, and his father, Cyril Garland, headed Garland Advertising in Chicago. Garland grew up in Lincolnwood, Illinois, graduated eighth grade from Lincoln Hall Middle School, and graduated high-school from Niles West High School in Skokie, Illinois, in 1970. He was named one of 119 members of the Presidential Scholars Program by the Commission on Presidential Scholars, and he came with that group to the White House on June 4, 1970, to listen to a special address in the East Room of the White House to the group by President Richard Nixon. Garland also was named a National Merit Scholar.

Garland graduated valedictorian from Harvard College with an A.B. summa cum laude in social studies in 1974 and then graduated from Harvard Law School with a J.D. magna cum laude in 1977. During law school, Garland was a member of the Harvard Law Review and served as articles editor from 1976 to 1977. Following graduation, he clerked for Judge Henry Friendly of the United States Court of Appeals for the Second Circuit from 1977 to 1978, and then clerked for U.S. Supreme Court Justice William J. Brennan, Jr. from 1978 to 1979.

Professional career
Garland was Special Assistant to the Attorney General of the United States from 1979 to 1981. He then joined the law firm of Arnold & Porter, where he was a partner from 1985 to 1989 and from 1992 to 1993. He served as an Assistant U.S. Attorney for the District of Columbia from 1989 to 1992, and as Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice from 1993 to 1994. From 1994 until his appointment as U.S. Circuit Judge, Judge Garland served as Principal Associate Deputy Attorney General, where his responsibilities included the supervision of the Oklahoma City bombing and UNABOM prosecutions. One of Garland's mentors, according to a July 6, 1995 Los Angeles Times article, was then-Deputy Attorney General Jamie Gorelick. Garland has taught antitrust law at Harvard Law School and has served as co-chair of the administrative law section of the District of Columbia Bar.

Federal judicial service
On September 6, 1995, President Bill Clinton nominated Garland to the D.C. Circuit seat vacated by Abner J. Mikva. Garland received a hearing before the U.S. Senate Judiciary Committee on December 1, 1995.[8] However, his nomination languished under the Republican-controlled Senate until after the 1996 election. At the time of his nomination, many Republican senators cited as their reason for objecting to his nomination the fact that they did not believe that the D.C. Circuit needed an additional judge.

After winning the 1996 presidential election, Clinton renominated Garland on January 7, 1997. Garland was confirmed by the U.S. Senate on March 19, 1997, in a 76-23 vote and received his commission on March 20. He became Chief Judge on February 12, 2013.

Supreme Court
He was widely seen as a leading contender for a nomination to the Supreme Court in the Obama administration following the announced retirement of Justice John Paul Stevens in 2010. On March 4, 2016, The New York Times reported that Judge Garland was being vetted by the Obama administration as a potential nominee for the Supreme Court vacancy created by the death of Justice Antonin Scalia. On March 11, 2016, it was reported that he was one of three judges on the President's "short list" (along with Sri Srinivasan and Paul J. Watford).

Judicial philosophy
Considered a judicial moderate, Garland told senators during his U.S. Senate Judiciary Committee hearing in 1995 that the U.S. Supreme Court justice for whom he had the greatest admiration was Chief Justice John Marshall, and that he had personal affection for the justice for whom he clerked, Justice William Brennan. "Everybody, I think, who hopes to become a judge would aspire to be able to write as well as Justice Oliver Wendell Holmes," Garland told the committee at that time. "None are going to be able to attain that. But I'll try at least—if confirmed—to be as brief and pithy as he is."

Hufaiza Parhat v. Gates
On June 23, 2008 it was announced that a three judge panel of the D.C. circuit, made up of David B. Sentelle, Garland, and Thomas B. Griffith, overturned the determination of Hufaiza Parhat's Combatant Status Review Tribunal. Parhat's was the first case to be ruled on since the Supreme Court's ruling in Boumediene v. Bush. However, the ruling was made under a section of the Detainee Treatment Act.

Selected publications
——— (1987). "Antitrust and State Action: Economic Efficiency and the Political Process". Yale Law Journal 96 (3): 486–519. doi:10.2307/796502.
——— (1985). "Deregulation and Judicial Review". Harvard Law Review 98 (3): 505–591. doi:10.2307/1340869.

Personal life
Garland and his wife, Lynn, have been married since 1987. Lynn Garland's grandfather, Samuel Irving Rosenman, was a justice of the New York Supreme Court (a trial-level court of general jurisdiction rather than an appellate court) and a special counsel to Presidents Franklin D. Roosevelt and Harry S. Truman. He has two daughters.

9 References
10 External links

https://en.wikipedia.org/wiki/Merrick_Garland

10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Merrick Garland (Original Post) lovemydog Mar 2016 OP
Why now Old Codger Mar 2016 #1
You missed something oberliner Mar 2016 #2
Quoted from article posted above Old Codger Mar 2016 #4
Did you not click on the link? oberliner Mar 2016 #6
Really Old Codger Mar 2016 #7
You asked if you missed something oberliner Mar 2016 #9
OK sorry Old Codger Mar 2016 #10
Good catch! That's a mistake. lovemydog Mar 2016 #3
A bit conservative for my taste, but if that's what it takes to get Republicans to advise and BlueCaliDem Mar 2016 #5
The GOP will surely dig their heels in totally at least until the election ... cloudythescribbler Mar 2016 #8
 

Old Codger

(4,205 posts)
1. Why now
Wed Mar 16, 2016, 10:49 AM
Mar 2016

The article says he was nominated on March 3, 2016, wonder why this is the first we have herd or did I miss something?

 

oberliner

(58,724 posts)
2. You missed something
Wed Mar 16, 2016, 10:53 AM
Mar 2016

Or maybe that was an error in the Wikipedia article that has since been corrected.

 

Old Codger

(4,205 posts)
4. Quoted from article posted above
Wed Mar 16, 2016, 10:56 AM
Mar 2016

Merrick Brian Garland (born November 13, 1952) is the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. On March 3, 2016, Garland was nominated to the United States Supreme Court by President Barack Obama.

 

oberliner

(58,724 posts)
6. Did you not click on the link?
Wed Mar 16, 2016, 10:59 AM
Mar 2016

Because that sentence is no longer there.

This is one of the dangers of using Wikipedia as a source.

 

Old Codger

(4,205 posts)
7. Really
Wed Mar 16, 2016, 11:03 AM
Mar 2016

Someone posts an error, I rarely if ever click on links, My internet is so stupidly slow that I very rarely want to go all over to see if something is in error.... If I posted the original and someone pointed out an obvious error I would fix it..

 

oberliner

(58,724 posts)
9. You asked if you missed something
Wed Mar 16, 2016, 11:45 AM
Mar 2016

I was just trying to point out that you did miss something. Wikipedia made a mistake (as they often do) and it has since been corrected. Just trying to help - sorry if it came off snarky!

 

Old Codger

(4,205 posts)
10. OK sorry
Wed Mar 16, 2016, 12:13 PM
Mar 2016

Didn't mean to come across like that, in asking if I missed something as in was there an announcement earlier that I missed somehow...

I very very rarely click on links... always takes too much time to load and rarely worth it.

lovemydog

(11,833 posts)
3. Good catch! That's a mistake.
Wed Mar 16, 2016, 10:56 AM
Mar 2016

Wikipedia is a free encyclopedia edited by the community. I wanted to post the current entry here now. I'd guess that will be correctly quickly. There will be other changes made to the entry throughout today and the next few months.

BlueCaliDem

(15,438 posts)
5. A bit conservative for my taste, but if that's what it takes to get Republicans to advise and
Wed Mar 16, 2016, 10:59 AM
Mar 2016

consent then Judge Garland has to be it.

I would've opted for someone younger and more progressive, but I'm not the president and I trust in his strategic political skills.

But seriously, we really need to take the power away from Republicans in the Senate. They're doing a piss-poor job for the American people and deserve to lose power. I believe we will, though, and when Notorious RBG and Justice Breyer, and perhaps even Kennedy, retire in the next eight-ten years, I'm certain Hillary Clinton - should she win - choose replacements who are like her husband's nominees, RBG and Breyer.

The good thing about Chief Judge Garland is, he's a Scorpio, and although I'm certain that I'm the only person in the world who likes that stuff, suffice it to say, Scorpios are fearless and fight to the bitter end especially when they feel as if they're being railroaded. Then they really get all up in that - with a tenacity not seen in other zodiac signs. How do I know this? Well, I have two grown children who are Scorps and as their mother, I have the battle scars to prove it!

cloudythescribbler

(2,586 posts)
8. The GOP will surely dig their heels in totally at least until the election ...
Wed Mar 16, 2016, 11:44 AM
Mar 2016

recent praise for Garland from no less influential a Repug than Orrin Hatch notwithstanding

Note that the GOP have set things up so that even if they go through purely ritual hearings before giving a thumbs down in Committee say and not even having a Senate-wide vote -- that would be seen as a "concession". Even if a Democrat wins the White House in November, combined with a Democratic majority in the Senate (a relatively optimistic scenario), the GOP will still fight ANY nomination that isn't "Citizen-United RW-worthy", ie at least as far right as Justice Kennedy, tooth and nail.

The weakness of the Democratic Party in the 93-4 period and then the 09-10 period in dealing w/Republican obstructionism with serious vigor and matching partisanship (bringing a gun rather than a nerf-ball to a gun-fight, showing the spine that the Democratic Party elite displays mainly in dealing with those to their Left) will take years and years to overcome, if ever.

And if Trump gets to be president -- not only the GOP but the weakness and neoliberalism of the Democratic Party for the last 25 years will have borne its protofascist fruit.

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