But in the current climate, Garland remains a tough sell. Republicans control the Senate, which must confirm any nominee, and GOP leaders want to leave the choice to the next president, denying Obama a chance to alter the ideological balance of the court before he leaves office next January. Republicans contend that a confirmation fight in an election year would be too politicized.
Ahead of Obama’s announcement, the Republican Party set up a task force that will orchestrate attack ads, petitions and media outreach. The aim is to bolster Senate Republicans’ strategy of denying consideration of Obama’s nominee. The party’s chairman, Reince Priebus, described it as the GOP’s most comprehensive judicial response effort ever.
On the other side, Obama allies have been drafted to run a Democratic effort that will involve liberal groups that hope an Obama nominee could pull the high court’s ideological balance to the left. The effort would target states where activists believe Republicans will feel political heat for opposing hearings once Obama announced his nominee.
For Obama, Garland represents a significant departure from his past two Supreme Court choices. In nominating Sonia Sotomayor and Elena Kagan, the president eagerly seized the chance to broaden the court’s diversity and rebalance the overwhelming male institution. Sotomayor was the first Hispanic confirmed to the court, Kagan only the fourth woman.
Garland — a white, male jurist with an Ivy League pedigree and career spent largely in the upper echelon of the Washington’s legal elite — breaks no barriers. At 63 years old, he would be the oldest Supreme Court nominee since Lewis Powell, who was 64 when he was confirmed in late 1971.
Presidents tend to appoint young judges with the hope they will shape the court’s direction for as long as possible.
Those factors had, until now, made Garland something of a perpetual bridesmaid, repeatedly on Obama’s Supreme Court lists, but never chosen.
But Garland found his moment at time when Democrats are seeking to apply maximum pressure on Republicans. A key part of their strategy is casting Republicans as knee-jerk obstructionists ready to shoot down a nominee that many in their own ranks once considered a consensus candidate. In 2010, Utah Sen. Orrin Hatch called Garland “terrific” and said he could be confirmed “virtually unanimously.”
The White House planned to highlight Hatch’s past support, as well as other glowing comments about Garland from conservative groups.
A native of Chicago and graduate of Harvard College and Harvard Law School, Garland clerked for two appointees of Republican President Dwight D. Eisenhower — the liberal U.S. Supreme Court Justice William Brennan Jr. and Judge Henry J. Friendly, for whom Chief Justice John Roberts also clerked.
In 1988, he gave up a plush partner’s office in a powerhouse law firms to cut his teeth in criminal cases. As an assistant U.S. attorney, he joined the team prosecuting a Reagan White House aide charged with illegal lobbying and did early work on the drug case against then-D.C. Mayor Marion Barry. He held a top-ranking post in the Justice Department when he was dispatched to Oklahoma City the day after bombing at the federal courthouse to supervise the investigation. The case made his career and his reputation. He oversaw the convictions of Timothy McVeigh and Terry Nichols, and went on to supervise the investigation into Unabomber Ted Kaczynski.
President Bill Clinton first nominated him to the D.C. Circuit in 1995.
His prolonged confirmation process may prove to have prepared him for the one ahead. Garland waited 2½ years to win confirmation to the appeals court. Then, as now, one of the man blocking path was Iowa Sen. Charles Grassley, argued he had no quarrel with Garland’s credentials, but a beef with the notion of a Democratic president trying to fill a court he argued had too many seats.
Grassley ultimately relented, although he was not one of the 32 Republicans who voted in favor of Garland’s confirmation. Nor was Sen. Mitch McConnell, the other major hurdle for Garland now. The Republicans who voted in favor of confirmation are Sen. Dan Coats, Sen. Thad Cochran, Sen. Susan Collins, Sen. Orrin Hatch, Sen. Jim Inhofe, Sen. John McCain, and Sen. Pat Roberts.
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