Capitol Report
By State Representative, Leon D. Young
Leon D. Young
President Barack Obama raised the political stakes last week when he nominated Judge Merrick G. Garland to be the nation’s 113th Supreme Court Justice.
Justice Garland, a former prosecutor who has served on the Court of Appeals for the District of Columbia since 1997 and its chief justice since 2013, is generally held in high regards on both sides of the political spectrum.
The president’s decision to nominate someone to fill the vacate seat on the court came as no surprise, after intimating his intention to do so on numerous occasions. But, his decision to put forth the name of a judicial moderate has raised a number of eyebrows.
In the face of Republican opposition to a Supreme Court nomination, President Obama needed a candidate who had support from Republicans in the past but who would still move the court in a progressive direction.
If Judge Garland is confirmed, he could tip the ideological balance to create the most liberal Supreme Court in 50 years, and all parties are keenly aware of the enormous stakes.
Senate Republicans have already drawn their line in the sand. Mitch McConnell, the Senate Majority Leader, has repeatedly declared that Judge Garland would not get a confirmation vote.
In fact, Mr. McConnell is so committed to his obstructionistic views that he won’t even grant a courtesy visit to the president’s appointee.
Nevertheless Mr. Obama’s choice is paying some dividends in certain GOP circles, as increasing numbers of Senate Republicans were willing to say they would meet with Judge Garland after initially showing no interest to do so.
As the political pressure mounts, two Republican senators, Susan Collins of Maine and Mark Kirk of Illinois, have fully broken with their party’s leadership and said they were willing to vote on a Supreme nominee.
It should be noted that Mr. Kirk faces a strong challenge in November from Representative Tammy Duckworth, a Democrat.
Let’s be clear on this one important point, the escalating fight over filling the court vacancy holds the potential to be a confrontation that could also help determine the winner of the White House race, control of the Senate and the ideological balance of the court.
This is a rare Washington fight that washes over all three branches of government with the prospect of damaging each of them.
It remains to be seen who will blink first.