On March 16, President Obama did his constitutional duty by nominating DC Circuit Court Chief Judge Merrick Garland for the Supreme Court. Now, it is the Senate’s turn. It is time for Senate Republicans to do their duty under the Constitution and give Judge Garland a fair hearing and a timely vote.
The Constitution does not exempt Senators from doing their jobs because it is an election year or because they don’t like the President. The Senate simply does not ignore Supreme Court nominees during election years—even when the Senate is not controlled by the President’s party.
Since 1900, six justices have been confirmed in presidential election years, including three Republican nominees. The most recent was nominated by Republicans and confirmed by Democrats. Another 11 justices have been confirmed in non-presidential election years.
While Senate Republican Leaders have vowed total obstruction of Judge Garland’s nomination, there is no denying that the Senate has a constitutional obligation to give Supreme Court nominees legitimate consideration and a prompt vote.
Since the 1980s, every person appointed to the Court who has not withdrawn has been given a prompt hearing and vote within 100 days. In poll after poll, the American people say they want the Senate to adhere to the Constitution, hold hearings and vote on Judge Garland’s nomination.
The Senate should give the very same consideration that it has given to every other Supreme Court nominee to Judge Garland—a widely-admired and deeply-experienced jurist with a stellar judicial record.
Judge Garland has proven throughout his career that he has the wisdom, legal expertise, and dedication to the Constitution to be a fine Supreme Court justice. Having served on the D.C. Court of Appeals since 1997 – and as Chief Judge for over three years—Judge Garland has more experience as a federal judge than any Supreme Court nominee in history.
Both parties have recognized Judge Garland’s outstanding judicial qualifications. He has garnered bipartisan praise as a consensus builder for years—earning a robust, bipartisan 76-23 confirmation to the D.C. Circuit Court. Republican Senator Orrin Hatch, the former Chairman of the Senate Judiciary Committee, called Judge Garland a “consensus nominee” for the Supreme Court, and asserted that Judge Garland “would be very well supported by all sides.”
Senate Republicans’ radical refusal to consider any Supreme Court nominee of the President—even when that nominee has impeccable qualifications and has already won overwhelming, bipartisan support—is breathtakingly partisan and entirely unprecedented.
It is time for Republicans to quit playing games and do their jobs. It is time for Republicans to join Democrats and give Judge Garland the fair hearing and vote he so rightly deserves.
