Merrick Garland
Merrick Garland | |
---|---|
86th United States Attorney General | |
Assumed office March 11, 2021 | |
President | Joe Biden |
Deputy | Lisa Monaco |
Preceded by | William Barr |
Chief Judge of the United States Court of Appeals for the District of Columbia Circuit | |
In office February 12, 2013 – February 11, 2020 | |
Preceded by | David B. Sentelle |
Succeeded by | Sri Srinivasan |
Judge of the United States Court of Appeals for the District of Columbia Circuit | |
In office March 20, 1997 – March 11, 2021 | |
Appointed by | Bill Clinton |
Preceded by | Abner Mikva |
Succeeded by | Ketanji Brown Jackson |
Personal details | |
Born | Merrick Brian Garland November 13, 1952 Independent |
Spouse |
Lynn Rosenman (m. 1987) |
Children | 2 |
Education | Harvard University (BA, JD) |
Signature | |
Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who serves as the 86th
A native of the
President
to the vacant seat, and the Republican Senate majority confirmed him.President Joe Biden nominated Garland as U.S. attorney general in January 2021. He was confirmed by the Senate in a 70–30 vote, and took office in March of that same year.
Early life and education
Merrick Brian Garland was born on November 13, 1952, in Chicago.[1] He grew up in the north Chicago border suburb of Lincolnwood.[2][3]
His mother Shirley (née Horwitz; 1925–2016)
Garland attended
After high school, Garland studied
Garland then attended
Early career
After graduating from law school, Garland spent two years as a judicial
After the
Desiring to return to public service and do more trial work, in 1989 Garland became an
Garland then briefly returned to Arnold & Porter, working there from 1992 to 1993.
In that role, Garland's responsibilities included the supervision of high-profile domestic-terrorism cases, including the Oklahoma City bombing, Ted Kaczynski (also known as the "Unabomber"), and the Atlanta Olympics bombings.[3][27]
Garland insisted on being sent to Oklahoma City in the aftermath of the attack, in order to examine the crime scene and oversee the investigation in preparation for the prosecution.
Garland served as co-chair of the administrative law section of the District of Columbia Bar from 1991 to 1994.[15][29] He is also a member of the American Law Institute.[15]
In 2003, Garland was elected to the Harvard Board of Overseers, completing the unexpired term of Deval Patrick, who had stepped down from the board.[30] Garland served as president of the overseers for 2009–10.[31]
Federal judicial service (1997–2021)
Appointment
On September 6, 1995, President
On December 1, 1995, Garland received a hearing regarding the nomination before the
After winning the November 1996 presidential election, Clinton renominated Garland on January 7, 1997.[36] He was confirmed on March 19, 1997, by a 76–23 vote.[37] The majority of Republican senators voted to confirm Garland, including Senators John McCain, Orrin Hatch, Susan Collins, and Jim Inhofe.[38] Senators Mitch McConnell, Chuck Grassley, and Jeff Sessions were among those who voted against Garland.[38] All of the 23 "no" votes came from Republicans, and all were said to be based "on whether there was even a need for an eleventh seat" on the D.C. Circuit.[39] He received his judicial commission on March 20, 1997.[40]
Service as chief judge
Garland became chief judge of the D.C. Circuit on February 12, 2013.[41] As chief judge, Garland announced in May 2013 that the D.C. Circuit had unanimously decided to provide the public with same-day audio recordings of oral arguments in the court.[42][43][40] As chief judge, Garland was an active member of the Judicial Conference of the United States,[44] and was involved in the formulation of new rules to protect federal judicial branch employees from workplace harassment, which were adopted in the wake of multiple sexual misconduct allegations against Judge Alex Kozinski.[44][45] Garland's seven-year term as chief judge ended on February 11, 2020, with Judge Sri Srinivasan succeeding him.[44] Garland continued to serve as an active member of the court until his retirement.[46][47][40]
Notable cases
Garland is considered a judicial moderate and a centrist.[48] Garland has been described by Nina Totenberg and Carrie Johnson of NPR as "a moderate liberal, with a definite pro-prosecution bent in criminal cases".[3] Tom Goldstein, the publisher of SCOTUSblog, wrote in 2010 that "Judge Garland's record demonstrates that he is essentially the model, neutral judge. His opinions avoid unnecessary, sweeping pronouncements."[23] Garland has a reputation for collegiality and his opinions rarely draw a dissent.[49] As of 2016, Garland had written just fifteen dissents in his two decades on the court, fewer than his colleague Brett Kavanaugh, who wrote some 17 dissents over the previous decade.[49]
Administrative and environmental law
Garland has tended to favor deference to regulatory agencies.
Criminal law and whistleblower protection
While on the bench, Garland has shown a tendency to be deferential to the government in criminal cases, siding with prosecutors in ten of the fourteen criminal cases in which he disagreed with a colleague.[54] For example, in United States v. Watson (1999), Garland dissented when the court concluded a prosecutor's closing argument was unduly prejudicial, objecting that a conviction should be reversed for only "the most egregious of these kind of errors."[54] In 2007, Garland dissented when the en banc D.C. Circuit reversed the conviction of a Washington, D.C. police officer who had accepted bribes in an FBI sting operation.[55]
Garland has taken a broad view of
National security
During Garland's tenure, the D.C. Circuit reviewed cases arising from the
First Amendment
According to Goldstein, Garland has "tended to take a broader view" of
In Lee v. Department of Justice (2005), Garland dissented from the denial of rehearing en banc after the D.C. Circuit affirmed the
In cases involving
Garland has addressed a number of
Second Amendment
In 2007, Garland voted in favor of en banc review of the D.C. Circuit's panel decision in Parker v. District of Columbia invalidating the D.C. handgun ban. The Supreme Court subsequently affirmed this invalidation 5–4 in an opinion by Justice Scalia.[23]
Other cases
In Alexander v. Daley (2003), Garland joined a decision (authored by Judge
In Hutchins v. District of Columbia (1999), Garland concurred with four other D.C. Circuit judges (en banc) that D.C.'s Juvenile Curfew Act of 1995 implicated at least some significant right of
Retirement
Garland retired from federal judicial service on March 11, 2021, to accept appointment as the Attorney General of the United States.[40]
Supreme Court nomination
Garland was considered twice to fill vacated seats on the United States Supreme Court in 2009 and 2010, before finally being nominated in 2016 by President Barack Obama for the seat left vacant by the death of conservative Associate Justice Antonin Scalia.[74]
2009 and 2010 considerations
In 2009, following the announcement by Justice David Souter that he would retire, Garland was considered as one of nine finalists for the post, which ultimately went to Sonia Sotomayor, then a judge of the Second Circuit.[75]
After the April 2010 announcement by Justice John Paul Stevens that he would retire, Garland was again widely seen as a leading contender for a nomination to the Supreme Court of the United States.[76][77][78] President Obama interviewed Garland, among others, for the vacancy.[48] In May 2010, Senator Orrin Hatch, Republican of Utah, said he would help Obama if Garland was nominated, calling Garland "a consensus nominee" and predicting that Garland would win Senate confirmation with bipartisan support.[79][80] Obama nominated Solicitor General of the United States Elena Kagan, who was confirmed in August 2010.[48]
Scalia vacancy and 2016 nomination
On February 13, 2016, Supreme Court Justice Antonin Scalia died.[81] Later that day, Senate Republicans led by Majority Leader Mitch McConnell issued a statement that they would not consider any nominee put forth by Obama, and that a Supreme Court nomination should be left to the next president of the United States.[82][83][84] President Obama responded that he intended to "fulfill my constitutional duty to appoint a judge to our highest court,"[85][86] and that there was no "well established tradition" that a president could not fill a Supreme Court vacancy during their last year in office.[87]
In early March 2016, The New York Times reported that Garland was being vetted by the Obama administration as a potential nominee. A week later, Garland was named as one of three judges on the President's "short list" (along with Judge Sri Srinivasan, also of the D.C. Circuit, and Judge Paul J. Watford of the Ninth Circuit). Obama interviewed all three leading contenders, as well as two others who were being considered: Judge Jane L. Kelly of the U.S. Court of Appeals for the Eighth Circuit and Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia.[88] Soon afterward, Senator Orrin Hatch, President pro tempore of the United States Senate and the most senior Republican Senator, predicted that President Obama would "name someone the liberal Democratic base wants" even though he "could easily name Merrick Garland, who is a fine man."[89] Five days later, on March 16, Obama formally nominated Garland to the vacant post of Associate Justice of the Supreme Court of the United States.[90][91]
Garland had more federal judicial experience than any other Supreme Court nominee in history,
Under
After a period of 293 days, Garland's nomination expired on January 3, 2017, at the end of the 114th Congress.[102] It was the longest confirmation delay of a Supreme Court nominee in history, far exceeding the 125-day delay faced by the ultimately confirmed Justice Louis Brandeis in 1916.[103] On January 31, 2017, President Donald Trump nominated Neil Gorsuch to fill the Court vacancy.[104] On April 7, 2017, the Senate confirmed Gorsuch's nomination to the Supreme Court.
McConnell went on to boast about stopping Garland's nomination, saying in August 2016, "one of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'"[105][106] In April 2018, McConnell said the decision not to act upon the Garland nomination was "the most consequential decision I've made in my entire public career".[107]
Attorney General (2021–present)
President-elect
In April 2021, Russia imposed sanctions against Garland, including prohibiting him from entering Russia. This was in retaliation for U.S. expulsion of 10 Russian diplomats, a sanction imposed by the United States against Russia for its
In May 2021, the DOJ appealed in part a ruling by Judge
On June 7, 2021, the Justice Department continued its defense of a defamation lawsuit by E. Jean Carroll, arguing that President Trump could not be sued because he had denied her rape allegation in offending statements in his presidential capacity. Garland had been deeply involved in the decision. The White House quickly distanced itself from the decision.[121][122][125] Garland in a House Judiciary Committee hearing on October 21 stated that the DOJ's briefing was solely on the question of the application of the Federal Tort Claims Act.[126][127]
On July 1, 2021, Garland imposed a moratorium on all
Voting rights
In June 2021, Garland pledged to double the department's enforcement staff for protecting the right to vote, in response to Republican Party efforts to restrict voting following the 2020 presidential election,[132][133] The same month, Garland announced a DOJ lawsuit against the state of Georgia over its newly passed restrictions on voting; the DOJ complaint said that the state targeted Black Americans in violation of the Voting Rights Act of 1965.[134]
In July 2021, the Justice Department released two guidance documents regarding election law changes and post-election audits, reminding states that the DOJ was closely observing states' compliance with federal election and civil rights laws.[121][135][136]
In November 2021, the DOJ sued Texas over Senate Bill 1 which required rejection of mail ballots "for immaterial errors and omissions," alleging it would restrict voting for those with limited English proficiency, soldiers deployed and voters overseas.[137][138]
In a separate suit filed by DOJ against Texas the following month, the federal government alleged that Texas'
Civil rights
During Garland's tenure as AG, the Justice Department has emphasized protection of civil rights.
On April 21, 2021, Garland subsequently announced that the DOJ was opening a pattern-and-practice investigation into the
In June 2021, the DOJ, through a memo issued by Deputy Attorney General
On September 14, 2021, the DOJ announced a civil investigation into prisons in Georgia, focusing on prison violence and sexual abuse of LGBTQ prisoners by prisoners and staff, continuing with an initial investigation launched in 2016.[156][157][158]
In September, 2021, the DOJ in a memo limited the use of
On October 13, 2021, the DOJ launched another investigation into five juvenile detention facilities in Texas for systemic physical or sexual abuse of children.[157][162]
January 6 U.S. Capitol attack
On July 26, 2021, the DOJ sent letters to former DOJ officials of the Trump administration, including Acting Attorney General
On July 28, 2021, the DOJ further rejected
On October 21, 2021, the
In November 2022, days after Trump announced his 2024 presidential campaign, Garland appointed Jack Smith to serve as special counsel for the investigations of Trump.[170][171]
Criticism
School board memo
In October 2021, amid a surge of threats against school board members across the country, Garland issued a memorandum addressing an "increase in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff"; the memo directed the FBI and US attorneys' offices to set up meetings with federal, state and local law enforcement leaders for establishing tiplines for threat reporting and discussing strategies to address such threats.[172][173][126][174] He issued the memo soon after the National School Boards Association wrote to Biden to request a federal response to the protests and threats against school officials and investigations into whether they constituted as forms of domestic terrorism and hate crimes.[175][176][177][178]
The memo prompted criticism from Republicans in the House and Senate, who accused Garland of treating parents like domestic terrorists, although the memo did not mention either of them.
Personal life
Garland and his wife, Lynn, were married at the
Garland and his wife have two daughters: Rebecca and Jessica, both of whom are graduates of Yale University.[185] Justice Elena Kagan hired Jessica Garland, a 2019 graduate of Yale Law School, as one of her law clerks in early July 2020, before Biden's election and Garland's appointment, to serve as a law clerk in 2022–2023. The Supreme Court said that "in light of the potential for actual or apparent conflicts of interest," Jessica Garland will not serve as Kagan's law clerk while her father remains as attorney general.[186] Garland took part in the ceremony when his daughter Rebecca married Xan Tanner in June 2018.[183]
Financial disclosure forms in 2016 indicated that Garland's net worth at the time was between $6 million and $23M.[17] As of 2021, his net worth was estimated by Forbes at $8.6-33M.[187]
Garland is red-green colorblind, so he uses a list to match his suits and ties.[17]
Selected publications
- Garland, Merrick B. (1985). "Deregulation and Judicial Review" (PDF). Harvard Law Review. 98 (3): 505–591. JSTOR 1340869.
- ——— (1987). "Antitrust and Federalism: A Response to Professor Wiley". The Yale Law Journal. 96 (6): 1291–1295. JSTOR 796386.
- ——— (1987). "Antitrust and State Action: Economic Efficiency and the Political Process". The Yale Law Journal. 96 (3): 486–519. JSTOR 796502.
- ——— (April 22, 1985). "Courts Give Deregulatory Policies New Hard Look". Legal Times. Vol. 8, no. 32.
- ———; OCLC 917754819.
- Fitzpatrick, James F.; Garland, Merrick B. (August 20, 1983). "The Court, 'Veto' and Airbags". The New York Times. Retrieved September 11, 2021.
- Garland, Merrick B. (1976). "The Supreme Court, 1975 Term: Commercial Speech". Harvard Law Review. 90 (1): 142. JSTOR 1340306.
- ——— (1976). "The State Action Exemption and Antitrust Enforcement under the Federal Trade Commission Act". Harvard Law Review. 89 (4): 715–751. JSTOR 1340219.
- "Merrick Garland collected writings". The Harvard Crimson. 1972–73.
See also
- Barack Obama Supreme Court candidates
- Barack Obama judicial appointment controversies
- List of law clerks of the Supreme Court of the United States (Seat 3)
- List of nominations to the Supreme Court of the United States
- List of Jewish American jurists
References
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- ^ a b c d e f g h i j k l m n Totenberg, Nina; Johnson, Carrie (March 16, 2016). "Merrick Garland Has A Reputation of Collegiality, Record of Republican Support". NPR. Archived from the original on March 20, 2016. Retrieved March 20, 2016.
- ^ "Garland (obituary)". Chicago Tribune. November 27, 2000. Archived from the original on February 22, 2016. Retrieved September 11, 2021.
- ^ "Garland". Chicago Tribune. November 27, 2000.
- ^ a b "Lynn Rosenman is Married". The New York Times. September 20, 1987. Archived from the original on April 14, 2010. Retrieved April 10, 2010.
- ^ a b Nathan-Kazis, Josh (March 16, 2016). "Merrick Garland Offers Poignant Story About Anti-Semitism as Supreme Court Battle Looms". The Forward. Archived from the original on March 20, 2016. Retrieved March 20, 2016.
- ^ Margolick, David (March 18, 2016). "What's in Merrick Garland's Name?". Tablet. Archived from the original on March 24, 2016. Retrieved August 18, 2016.
- ^ Garland, Merrick (September 17, 2022). "Attorney General Merrick B. Garland Administers the Oath of Allegiance and Delivers Congratulatory Remarks at Ellis Island Ceremony in Celebration of Constitution Week and Citizenship Day". Justice.gov. Retrieved September 19, 2022.
My grandmother was one of five children born in what is now Belarus. Three made it to the United States, including my grandmother who came through the Port of Baltimore. Two did not make it. Those two were killed in the Holocaust.
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The one thing I think is important to dispel is any notion that somehow that this is some well established tradition, or some constitutional principle, that a president in his last year in office cannot fill a Supreme Court vacancy.
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After a comprehensive look at every past Supreme Court vacancy, two law professors have concluded that it is an unprecedented development ... That categorical stance is new in the nation's history, the professors, Robin Bradley Kar and Jason Mazzone, wrote in a study published online by The New York University Law Review.
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Further reading
- "Questionnaire for Judicial Nominees for Merrick Garland" (PDF). Washington, D.C.: United States Senate Committee on the Judiciary. 2016. Retrieved September 13, 2021.
- Manuel, Kate M.; Murrill, Brandon J.; Nolan, Andrew, eds. (April 27, 2016). Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court (PDF) (Report). Washington, D.C.: Congressional Research Service. R44479. Retrieved September 13, 2021.
- Mason, R. Chuck, ed. (May 2, 2016). Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland (PDF) (Report). Washington, D.C.: Congressional Research Service. R44484. Retrieved September 13, 2021.
- Kar, Robin Bradley; Mazzone, Jason (March 21, 2016). "The Garland Affair: What History and the Constitution Really Say About President Obama's Powers to Appoint a Replacement for Justice Scalia". NYU Law Review. 91: 53. SSRN 2752287. Retrieved September 13, 2021.
- McMillion, Barry J. (March 16, 2016). Nominations to the Supreme Court During Presidential Election Years (1900–Present) (PDF) (Report). Washington, D.C.: Congressional Research Service. IN10455. Retrieved May 8, 2022.
- McMillion, Barry J. (October 1, 2020). Supreme Court Vacancies That Occurred During Presidential Election Years (1789–2020) (PDF) (Report). Washington, D.C.: Congressional Research Service. IN11514. Retrieved May 8, 2022.
External links
- Biography at the United States Department of Justice
- Merrick Garland at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
- Selected Resources on Merrick B. Garland at the Law Library of Congress
- Appearances on C-SPAN
- "U.S. Senators on the nomination of Merrick Garland," in Ballotpedia