Bench Memos

Law & the Courts

No Senate Action

I repeat that I have very high regard for Supreme Court nominee Merrick Garland’s intellect and decency, and, at the risk of engaging in the soft bigotry of low expectations, I think that he’s as good a nominee as anyone President Obama might plausibly have selected. That said, I believe that Garland would move the Court markedly to the Left and that Senate Republicans should and must adhere to their position that no nominee should receive Senate consideration before the election.

If Hillary Clinton or Bernie Sanders is elected president in November, the Senate could then proceed to act on the Garland nomination.

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