• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii

3

Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
LeadershipSupreme Court

Merrick Garland Is Used to Being a Political Punching Bag

By
Jay Newton-Small
Jay Newton-Small
and
TIME
TIME
Down Arrow Button Icon
By
Jay Newton-Small
Jay Newton-Small
and
TIME
TIME
Down Arrow Button Icon
March 21, 2016, 3:16 PM ET
Merrick Garland
Photograph by Tom Williams — CQ-Roll Call via Getty Images
Add Fortune on Google for similar content.

Go back and look at the transcripts the day that Merrick Garland was confirmed to the D.C. Circuit Court of Appeals in 1997 and every single Republican Senator who rises in opposition to his candidacy first caveats their remarks by saying they do actually believe Garland to be a good, if not great, judge and their opposition had nothing to do with him.

At the time, Republicans were upset that President Bill Clinton had originally nominated Garland to serve as that bench’s 12th justice. Republicans argued that the court’s workload did not demand 12 justices and thus did not warrant the expense of adding one at the cost to tax payers of an estimated $1 million a year.

Clinton was forced to withdraw Garland’s original nomination and renominate him to the 11th seat when that seat became open—the whole process took nearly two years. Still angry at Clinton’s attempt to stack the court, 23 Republicans voted against Garland.

Then Judiciary Committee Chair Orrin Hatch, a Utah Republican, shook his head in frustration at his colleagues’ pettiness. “Nobody in this body is willing to challenge the merit of Merrick Garland’s nomination,” Hatch said in a floor speech shortly before the vote. “In fact, they openly concede that Mr. Garland is highly qualified to be an appellate judge. Rather, they use arguments that the D.C. circuit does not need 12 judges in order to oppose the confirmation of Mr. Garland for the 11th seat on this court.”

Not only did 32 Republicans end up voting for Garland, seven of whom, including Hatch, are currently in the Senate, but a few even said Garland could make a good Supreme Court justice. “We need judges in America with real intellectual abilities. We need judges like [Oliver Wendell] Holmes and [Louis] Brandeis and [Benjamin] Cardozo on the courts of the United States,” said then-Republican Arlen Specter that day. “We need them on the Supreme Court of the United States. This is a real prospect. We ought to get him up and out.”

This time around, Hatch and several other Republicans voiced similar support for Garland, while again condemning the circumstances under which he was nominated. But this time around the Republican Party, not unsurprisingly in this climate, split on Garland. Over the weekend, Senate Majority Leader Mitch McConnell became the first Republican Senator I could find who came out on the record against Garland for his substance.

 

 

“I can’t imagine that a Republican majority in the United States Senate would want to confirm, in a lame-duck session, a nominee opposed by the National Rifle Association, the National Federation of Independent Business that represents small businesses,” McConnell told “Fox News Sunday.” “I can’t imagine that a Republican-majority Senate, even if it were assumed to be a minority, would want to confirm a judge that would move the court dramatically to the left.”

On several Sunday shows, McConnell reiterated that he would not allow Garland’s confirmation to happen “under President Obama,” even when pressed if that could result in a potential President Hillary Clinton nominating someone even more liberal than centrist Garland in his stead. Hatch and other Republicans earlier last week had floated the idea that Garland might be confirmed in a lame-duck session were Republicans to lose the White House and/or Senate.

What’s striking about McConnell’s criticism of Garland is that it echoed that of the National Republican Senatorial Committee in a statement Thursday in response to Garland’s nomination. “Given the company Garland is keeping,” the press release declared, quoting Democratic praise for Garland, “it’s clear that the president’s nominee is a liberal judge who will drastically shift the balance of the Supreme Court.”

Of course Garland would shift the court to the left. Pretty much any nominee not Antonin Scalia and maybe a handful of conservative justices in the country would move the court to the left. Getting those conservatives through the Senate, where Republicans do not have and are unlikely to have a filibuster-proof majority in this session as well as the next, is all but impossible. As Ed Whelan, a former Scalia clerk told the Washington Post in April, Garland was the best nominee conservatives could hope for under a Democratic president.

McConnell’s positioning is as political as the Democratic nomination of Garland. Both parties have electoral interests at stake and for McConnell’s vulnerable members to succeed in opposing hearings or a confirmation of Garland, he has to be seen as an extreme liberal partisan.

So, buckle up, Merrick Garland. As much experience as Garland had fighting for nearly two years to be confirmed by a largely friendly Senate last time, this process is going to be a whole lot more difficult.

This article was originally published on Time.com.

About the Authors
By Jay Newton-Small
See full bioRight Arrow Button Icon
By TIME
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

U.S. Treasury Secretary Scott Bessent
EconomyDebt
AI’s $2.2 trillion deficit fix is already half fake, economists say
By Tristan BoveJuly 2, 2026
12 hours ago
Mark Zuckerberg, wearing a white shirt, smiles. He is standing in front of a crowd.
SuccessMark Zuckerberg
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the ‘highest-quality beef in the world’ on his $300 million estate in Hawaii
By Sasha RogelbergJuly 2, 2026
13 hours ago
Chris Hulatt co-founder of Octopus Group
SuccessHow I made my first million
A 2-year taste of the office was enough to make 3 grads quit. Now they run a $13.2 billion investment firm: ‘We didn’t want a traditional job again’
By Orianna Rosa RoyleJuly 2, 2026
14 hours ago
Woman taking photo in scenic landscape
Successlifestyle
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
By Emma BurleighJuly 2, 2026
15 hours ago
Jason Lemkin
Successwork-life balance
This investor won’t back startups unless staff are in the office 6 days a week: ‘Not because I don’t have empathy, because they’re going to fail’
By Preston ForeJuly 2, 2026
16 hours ago
The true cost of Donald Trump’s $2.2 billion year
NewslettersCEO Daily
The true cost of Donald Trump’s $2.2 billion year
By Diane BradyJuly 2, 2026
20 hours ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
2 days ago
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
Success
Mark Zuckerberg feeds his cows macadamia nuts and beer to create the 'highest-quality beef in the world' on his $300 million estate in Hawaii
By Sasha RogelbergJuly 2, 2026
13 hours ago
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
Success
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
By Orianna Rosa RoyleJuly 2, 2026
23 hours ago
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
Success
Americans are escaping the U.S. for New Zealand where house prices have hit a new low—but only wealthy Americans with $3 million spare can invest
By Emma BurleighJuly 2, 2026
15 hours ago
Current price of oil as of July 2, 2026
Personal Finance
Current price of oil as of July 2, 2026
By Joseph HostetlerJuly 2, 2026
17 hours ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
8 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.