http://thehill.com/homenews/administration/273208-obama-nominates-merrick-garland-to-supreme-courtObama to nominate Merrick Garland to Supreme Court: report
By Jordan Fabian - 03/16/16 10:03 AM EDT
President Obama will nominate Merrick Garland, the chief judge of the U.S. Court of Appeals for the District of Columbia, to the Supreme Court, the Associated Press is reporting Wednesday morning.
Obama is expected to formally announce the nomination at 11 a.m. at the White House.
The selection of Garland fulfills Obama’s goal of putting forth a nominee who has support from both Republicans and Democrats.
Regardless, the nomination is sure to trigger a partisan battle in the Senate, where GOP leaders have pledged to block any Obama nominee to replace the late Justice Antonin Scalia.
Republicans argue an Obama pick would undoubtedly shift the balance of the court to the left and want the next president to decide Scalia's successor.
But in Garland, Obama is putting forth a candidate he believes is deserving of GOP support.
The 63-year-old judge has built a reputation as a moderate who is well-liked by Republicans. His professional resume is similar to many justices already on the high court.
The judge has proven to be confirmable in a Republican-controlled Senate. The upper chamber in 1997 voted 76-23 to confirm him. Thirty-two Republicans joined the majority, seven of whom are still in office.
The D.C. Circuit has long been considered a stepping stone to the high court. Three current justices — as well as Scalia — served there previously.
A Chicago native, Garland, was a top contender for the last Supreme Court opening in 2010, which Obama ultimately filled with his then-solicitor general, Elena Kagan.
Sen. Orrin Hatch (R-Utah), a senior member of the Judiciary Committee, said at the time he would help Garland get confirmed if he was nominated.
"I have no doubts that Garland would get a lot of [Senate] votes,” Hatch, a former chairman of the panel, told Reuters. “And I will do my best to help him get them."
Garland’s experience is appealing to members on both sides of the aisle.
He clerked for Supreme Court Justice William Brennan, who was appointed by Republican President Dwight Eisenhower but went on to lead the court’s liberal wing, and Second Circuit Court of Appeals Judge Henry Friendly, another Eisenhower appointee under whom Chief Justice John Roberts also clerked.
During his service as a federal prosecutor, he oversaw cases involving the 1995 Oklahoma City bombing and the Unabomber, Ted Kaczynski.
But a Supreme Court confirmation, of course, will be much more difficult. Hatch has joined other Republican senators in saying Obama’s nominee should not even receive a hearing before the Senate.
Despite his lengthy resume, Garland is somewhat of a surprise pick for Obama, who has valued racial, ethnic and professional diversity in his past judicial picks.
Garland is a white male who would not add religious diversity to the bench — he is Jewish. At 63, he would be one of the oldest people ever to be confirmed to the high court. Like five other current justices, Garland graduated from Harvard.
Garland’s lengthy paper trail built up over almost two decades on the federal bench could also give Republicans ample opportunity to find objectionable views.