Tag Archives: Merrick Garland

Judge Garland and the Election

Following the example of every other President since George Washington, President Obama has nominated a candidate to fill the vacancy on the Supreme Court caused by the death of Justice Antonin Scalia.  The Senate majority, in an unprecedented move, are declining to either schedule hearings (a relatively new part of the nomination process, only dating to the early part of the 20th Century) or allow the nomination to be brought up to the floor for a debate.  While there have been times that the Senate has voted down a nominee or the President has withdrawn a nominee based on objections to that individual that made it likely that the nomination would fail (or that there were not enough votes for cloture).  How this conflict plays out over the next six months depends, in part, on events outside of the control of the Senate and the White House.  In particular, it depends on whether it seems like the vacancy is becoming an election issue and the perceived likely outcome of the election (which is not the same thing as what will ultimately happen in November).

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