Senate Republicans are refusing to organize a hearing because that President Obama's nominee Chief referee Merrick Garland. Here's why this is an unprecedented level the obstruction.

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The Senate's Constitutional obligation to Act

The check of a supreme Court justice is a solemn obligation that the President and also the Senate share under the U.S. Constitution.


Throughout history, members the both parties in Congress and also in the White House have done their tasks so the the righteousness Branch deserve to do that is own. Failing to carry out so would certainly be an unprecedented dereliction of duty.

The Senate has nearly a complete year come consider and also confirm a nominee. In fact, because 1975, the average time from nomination to check is 67 days. The longest time before confirmation in the past three years was 99 days, for Justice Thomas, and the last four Justices, spanning two Administrations, were confirmed in an average of 75 days.

The Facts


Six Justices have been shown in a presidential election year because 1900.
Every nominee who was not withdrawn has received a poll within 125 work of nomination.
It will be harmful and create unsustainable uncertainty if Congress stops working to action on the President's nominee.
Here's a look at at where President Obama's supreme Court nominee stands in the confirmation process compared come those of current nominees under three different administrations.

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SCOTUS FAQ


Questions and Answers

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Q:Has judge Garland issued opinions hostile to gun owners?


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A:No. Chief referee Garland has actually never issued or joined an opinion including the 2nd Amendment.

Some right-wing distinct interest teams are spending countless dollars trying to distort referee Garland’s record by misrepresenting his votes in 2 cases. Live independence fact-checkers have currently deemed those assaults “false,” yet let’s look in ~ the facts. In 2008, a D.C. Circuit panel the did not incorporate Chief referee Garland to win down parts of a Washington, D.C. Gun control law in Parker v. Ar of Columbia, a decision the was at some point affirmed by the supreme Court in district of Columbia v. Heller. Chief referee Garland joined one of President George H.W. Bush’s appointees and also two various other judges in poll to grant rehearing by the complete court.

A poll for rehearing by the full court is simply a inquiry to have much more judges take it a look at the legit matter.

Judge Garland’s vote to request rehearing go not suggest anything about his views on the 2nd Amendment. The D.C. Circuit’s rule say that rehearing through the complete court is only suitable in details circumstances, together as whereby the situation involves a inquiry of outstanding importance.

As chef Justice Roberts explained at his confirmation hearing, there are countless reasons judges vote for rehearing, consisting of that a case involves necessary questions that the court “ought come look at” an ext closely. This situation was the an initial federal court decision come strike under a state on second Amendment grounds in decades. Chief referee Garland was also on the D.C. Circuit when it denied complete court rehearing in Heller II, a September 2015 panel decision invalidating assorted portions the a brand-new D.C. Gun manage law under the 2nd Amendment.

The second case, the 2000 decision in NRA v. Reno, does no reflect any type of views on the 2nd Amendment, however rather Chief judge Garland’s careful case-by-case strategy to judging. This instance was about a Justice room regulation that enabled the department to in the interim retain certain data generated throughout background check of prospective guns purchasers that are forced by federal law. The Department retained the data because that a restricted period to testimonial the background device to for sure accuracy and also privacy. Garland voted through the bulk to uphold the regulation, in one opinion the concluded that the Department had reasonably construed the Brady plot to allow retaining the data temporarily to conduct audits. The D.C. Circuit emphasized that the audit documents did not stand for a “system because that the it is registered of firearms, weapons owners, or guns transactions” and that the development of any kind of such device would be barred by statute. The case was about administrative law and did not point out the 2nd Amendment.

Chief referee Garland is a well balanced judge who viewpoints every case with an open up mind. In fact, numerous conservative voices – including an NRA attorney -- agree:

President George W. Bush’s justice nominee Miguel Estrada has actually said, “The proof that is being cited because that the accusation the Judge Garland has some prejudice against second Amendment legal rights is from slim to nonexistent.”

NRA lawyer Charles Cooper wrote that his "high opinion of judge Garland has actually not adjusted — indeed, it has only strengthened — end the food of the 19 years because I wrote these words. The qualities that I saw in Merrick Garland together a nominee come the D.C. Circuit have been shown in diversity by referee Garland together a member of that court.”

Renowned 2nd Amendment defender, city council Orrin Hatch referred to as Chief referee Garland “a well man” and also “a agreement nominee,” proceeding to prayer him long after these instances were heard.

Judge Garland’s long record together the most well-respected referee on the nation’s most crucial appeals court illustrates the he is a careful, thoughtful judge who mirrors respect because that both the ascendancy of law and also its affect of the law on the resides of simple Americans. He’s approve opinions that have actually garnered support from colleagues appointed through both Democratic and also Republican presidents, and he will no doubt proceed to it is in a consensus-builder once he begins serving on the can be fried Court.


A:Brian Deese, an elderly Advisor come the President, and White home Counsel Neil Eggleston looked after a broad process that associated other vital members that the President’s team such as Valerie Jarrett, senior Advisor come the President. End the food of this past month, the White house consulted Senate leadership, various other members the Congress, leaders of the bar, and also a wide array of other stakeholders. But at the end of the day, it was the President who made this decision. Over the last month, he considered many excellent, extremely qualified candidates with diverse backgrounds and also varied life experiences. Indigenous those candidates, the president selected the person he trust is best for the job. The candidate is Chief referee Garland.


A:It has actually only to be a month since Justice Scalia all of sudden passed away. The is around as long as the President required to nominate his 2 previous nominees because that the supreme Court. The President has made clear he bring away this process extremely seriously and also wanted to balance his score of moving swiftly with ensuring he nominated an excellent, highly qualified nominee. In that time, the President taken into consideration many qualified candidates with varied backgrounds and also varied life experiences. Indigenous those candidates, the chairman selected the human being he believes is finest for the job. That candidate is Chief referee Garland.

In addition, over the last 4 decades, the united state Senate has taken, ~ above average, 67 work to confirm a President's nominee to the can be fried Court. It's at this time mid-March. That means, there is ample time because that the Senate to consider Judge Garland's nomination and also confirm him to the supreme Court prior to the following SCOTUS ax starts in ~ the start of October.


A:Article II, section 2 that the Constitution clearly spells out exactly how the confirmation process is an alleged to work. The president took that constitutional duty seriously, consulting v both Democratic and Republican Senators and also even inviting them to placed forward potential nominees for his consideration. The an outcome of his consultations and rigorous process is the decision come nominate a thoughtful, meticulous, middle judge for the can be fried Court with a keen capability for structure consensus.

Chief judge Merrick Garland was confirmed to the D.C. Circuit Court

The President totally expects congress to honor your constitutional responsibility and allow this nominee a hearing and a vote. In spite of repeated declarations the they will overlook such a responsibility, the president believes there will be sufficient Republicans listening to Americans and also editorial boards throughout the country to honor their oath that office and also do their project regardless of your party’s political leadership.


“Everybody is pretty much unanimous the by temperament, experience, and background, the is a really suitable human for the can be fried Court. The argument around the vacancy isn't entirely political.”

Miguel Estrada,

a conservative righteousness nominee appointed through Pres. George W. Bush

“" high opinion of judge Garland has actually not readjusted — indeed, it has actually only strengthened...The characteristics that I saw in Merrick Garland as a nominee to the D.C. Circuit have actually been displayed in abundance by referee Garland as a member of that Court.”

Charles Cooper,

Lawyer for the national Rifle AssociationRead the quote in context.

“I have the right to hardly imagine how one could mount a personal attack versus Judge Garland.”

Michael Chertoff,

Secretary that Homeland security under Pres. George W. Bush


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The Honorable Merrick B. Garland

As Chief referee of the most essential federal appeals court in the nation, nobody is more qualified to automatically serve ~ above the can be fried Court 보다 Merrick Garland.

A meticulous jurist through a document of forging consensus amongst judges across the ideological spectrum, the was shown to sit on the U.S. Court of Appeals in D.C. In 1997 with majority support from both parties in the U.S. Senate. Today, as Chief judge of the D.C. Circuit, referee Garland has much more federal judicial endure than any type of Supreme Court nominee in history.

Here’s review of Chief referee Garland’s record and also credentials:

Oversaw some of the most crucial federal criminal cases in current history, consisting of the prosecutions the Timothy McVeigh and Terry Nichols because that the Oklahoma City bombing and also the government’s responses to the Unabomber and the Montana Freemen

Took measures as a government attorney come ensure proper respect because that the legal rights of criminal defendants, helping develop policies that call for prosecutors to conduct an individual assessment that each instance when make charging decisions, fairly than just charging with the most serious offense possible

Was shown to the D.C. Circuit in 1997 in a strong bipartisan poll of 76-23

Distinguished himself as a jurist that decides every case based upon what the law requires


The biography of the Honorable Merrick Garland

Born and raised in Illinois by a mom who offered as a neighborhood volunteer and also a father that ran a tiny business the end of the family members home, Chief referee Garland to be valedictorian that his publicly high college class. He winner scholarships to attend Harvard University, where he graduated summa cum laude, and Harvard law School, where he got his law degree magna cum laude and also served top top the Harvard law Review. If in college, Garland operated a summer project as a shoe keep stock clerk and sold his comic book collection to aid pay his tuition. Together a legislation student, that earned room and board by counseling undergraduates.

Following legislation school, that clerked for can be fried Court Justice william Brennan, who referred to as him “a human being of outstanding talent and an excellent personal integrity” and also “one that the best” clerks Brennan had.

Judge Garland has specialized his life to serving the American people, taking on some of the most challenging anti-terrorism instances in our nation’s history. In the wake of the Oklahoma City bombing, that led the investigation and also prosecution the ultimately carried Timothy McVeigh come justice.

As a mentor come his law clerks and also a guardian to elementary institution children, that is a devoted and compassionate windy servant that will conservatives and progressives praise for his rigorous intellect, his respect for the duty of the judiciary, and his mastery the the law.

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Chief referee Garland and also his wife of practically 30 years, Lynn, have actually two daughters, Becky and also Jessie. The family members enjoys skiing, hiking, and canoeing, and together they have visited many of America’s national parks.