President Obama's

Supreme Court Nomination

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The Senate Must Do Its Job

Senate Republicans are refusing to hold a hearing for President Obama's nominee Chief Judge Merrick Garland. Here's why this is an unprecedented level of obstruction.


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SCOTUS Road Ahead

The History and Road Ahead

The Senate's Constitutional Responsibility to Act

The confirmation of a Supreme Court Justice is a solemn responsibility that the President and the Senate share under the U.S. Constitution.

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Throughout history, members of both parties in Congress and in the White House have done their jobs so that the Judicial Branch can do its own. Failing to do so would be an unprecedented dereliction of duty.

The Senate has almost a full year to consider and confirm a nominee. In fact, since 1975, the average time from nomination to confirmation is 67 days. The longest time before confirmation in the past three decades 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 confirmed in a presidential election year since 1900.

Every nominee who was not withdrawn has received a vote within 125 days of nomination.

It will be harmful and create unsustainable uncertainty if Congress fails to act on the President's nominee.


Here's a look at where President Obama's Supreme Court nominee stands in the confirmation process compared to those of recent nominees under three different administrations.

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Professor POTUS on the Senate and the Supreme Court

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Do Your Job

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The Vice President Addresses Americans on the Supreme Court

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SCOTUS FAQ

Questions and Answers

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




Q: Who was involved in the selection process?




Q: Has the President normally taken this much time to choose a Supreme Court nominee?




Q: Will Chief Judge Garland have a hearing in the Senate?




Q: Will Chief Judge Garland get confirmed?

SCOTUS Quote

Judge Garland is a preeminent member of the legal profession with outstanding legal ability and exceptional breadth of experience. He meets the highest standards of integrity, professional competence and judicial temperament. It is the unanimous opinion of the Standing Committee that Judge Garland is “Well Qualified” to serve as an Associate Justice of the Supreme Court of the United States.

Read the ABA statement

SCOTUS Validators

What They've Said

“Everybody is pretty much unanimous that by temperament, experience, and background, he is a very suitable person for the Supreme Court. The argument about the vacancy isn't entirely political.”

Miguel Estrada,

a conservative judicial nominee appointed by Pres. George W. Bush

“"[My] high opinion of Judge Garland has not changed — indeed, it has only strengthened...The qualities that I saw in Merrick Garland as a nominee to the D.C. Circuit have been displayed in abundance by Judge Garland as a member of that Court.”

Charles Cooper,

Lawyer for the National Rifle Association
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“I can hardly imagine how one could mount a personal attack against Judge Garland.”

Michael Chertoff,

Secretary of Homeland Security under Pres. George W. Bush

SCOTUS credentials

Current Position:
Chief Judge of the U.S. Court of Appeals for the District of Columbia

Years Federal Judiciary Experience:
18

Home state:
Illinois

The Nominee's Credentials

The Honorable Merrick B. Garland

As Chief Judge of the most important federal appeals court in the nation, no one is more qualified to immediately serve on the Supreme Court than Merrick Garland.

A meticulous jurist with a record of forging consensus among judges across the ideological spectrum, he was confirmed 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, Judge Garland has more federal judicial experience than any Supreme Court nominee in history.

Here’s an overview of Chief Judge Garland’s record and credentials:

  • Oversaw some of the most important federal criminal cases in recent history, including the prosecutions of Timothy McVeigh and Terry Nichols for the Oklahoma City bombing as well as the government’s responses to the Unabomber and the Montana Freemen

  • Took steps as a government attorney to ensure proper respect for the rights of criminal defendants, helping develop policies that require prosecutors to conduct an individual assessment of each case when making charging decisions, rather than just charging with the most serious offense possible

  • Was confirmed to the D.C. Circuit in 1997 in a strong bipartisan vote of 76-23

  • Distinguished himself as a jurist who decides every case based on what the law requires

SCOTUS Bio

The Nominee’s Story

The Biography of the Honorable Merrick Garland

Born and raised in Illinois by a mother who served as a community volunteer and a father who ran a small business out of the family home, Chief Judge Garland was valedictorian of his public high school class. He won scholarships to attend Harvard University, where he graduated summa cum laude, and Harvard Law School, where he received his law degree magna cum laude and served on the Harvard Law Review. While in college, Garland worked a summer job as a shoe store stock clerk and sold his comic book collection to help pay his tuition. As a law student, he earned room and board by counseling undergraduates.

Following law school, he clerked for Supreme Court Justice William Brennan, who called him “a person of exceptional talent and great personal integrity” and “one of the best” clerks Brennan had.

Judge Garland has dedicated his life to serving the American people, taking on some of the most difficult anti-terrorism cases in our nation’s history. In the wake of the Oklahoma City bombing, he led the investigation and prosecution that ultimately brought Timothy McVeigh to justice.

As a mentor to his law clerks and a tutor to elementary school children, he is a dedicated and compassionate public servant who will conservatives and progressives praise for his rigorous intellect, his respect for the role of the judiciary, and his mastery of the law.

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

Chief Judge Garland on a family outing with his wife and two daughters

Chief Judge Garland on a family outing with his wife and two daughters.

SCOTUS Spread the word

Spread the Word

 

Since 1900, six justices have been confirmed in a presidential election year, including President Reagan-appointee Justice Kennedy.
Since 1875, every Supreme Court nominee has received a Senate hearing or a vote
The President's Supreme Court Nominee: Chief Judge Merrick Garland. More federal experience than any Supreme Court nominee in history. Led the investigation and prosecution that brought Oklahoma City bomber Timothy McVeigh to justice. Confirmed to the D.C. Circuit Court by the U.C. Senate in a strong, bipartisan vote of 76-23. Has tutored elementary school children in reading and math for almost 20 years.
Since 1900, six justices have been confirmed in a presidential election year, including President Reagan-appointee Justice Kennedy.
Since 1875, every Supreme Court nominee has received a Senate hearing or a vote
The President's Supreme Court Nominee: Chief Judge Merrick Garland. More federal experience than any Supreme Court nominee in history. Led the investigation and prosecution that brought Oklahoma City bomber Timothy McVeigh to justice. Confirmed to the D.C. Circuit Court by the U.C. Senate in a strong, bipartisan vote of 76-23. Has tutored elementary school children in reading and math for almost 20 years.

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