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Category Archives: Merrick Garland
Time for the annual Supreme Court preview. When we last left the eight, they had punted several significant cases on a 4-4 tie or with very narrow decisions that avoided the main issue in the case. They had also only granted review on twenty-nine cases for the fall. The delay in filling the vacancy was clearly causing problems.
Summer at the Supreme Court tends to be quiet. Most of the summer work is internal. Parties file the briefs for the fall cases and petitions for review on new cases and responses to those petitions. The justices and law clerks spend most of their time reading these materials with the clerks writing memorandums summarizing the petitions for the justices and discussing the cases to be heard in the fall with their own justice. The big actions during the summer are decisions on stay applications and the release of the argument schedule for the fall.
In this week’s address, retired Federal Judge Timothy Lewis joined Vice President Joe Biden to discuss the nomination of Chief Judge Merrick Garland to the Supreme Court of the United States. The Vice President talked about his experience as the chairman of the Senate Judiciary Committee, during which every nominee got a hearing and an up or down vote on the Senate floor. Despite having more federal judicial experience than any other Supreme Court nominee in history, Chief Judge Garland’s nomination has now been pending longer than any other Supreme Court nominee who wasn’t withdrawn from consideration. Judge Lewis emphasized that this lack of action is preventing the Supreme Court from fulfilling its duty of interpreting the law and resolving conflicts in the lower courts. The Vice President made clear that for the sake of our Nation, everyone must do their job. That’s why the President did his job by nominating Chief Judge Merrick Garland. Now, it’s time for the Senate Republicans to do their job. Full transcript after the jump.