Merrick Garland, Obama’s “Moderate” Nomination to Replace Justice Scalia
Justice Garland Admired Chief Justice John Marshal and Justice William Brennan Jr., Two Activists Judges
While Judge Garland is somewhat more acceptable from a conservative point of view than Ginsberg, Sotomayor, or Kagan, he is no centrist if you consider the Constitution NOT be a living document but that it means what it says, period.
Primacy of the Court: An insight to Judge Garland is his admiration for Chief Justice John Marshal (1801-1830). Marshal gave us Marbury v Madison that basically gave the Court the right to review and judge whether Congressional legislation was “Constitutional”. Marshal basically expanded his own court’s power over Congressional acts. President Thomas Jefferson was the beneficiary of Marbury v Madison but wrote that by allowing the Constitution to mean whatever the Supreme Court says it means would make the Constitution “a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”
2nd Amendment Rights: Judge Garland voted to overturn the decision by a 3 judge panel of the DC Circuit who set aside a District of Columbia onerous ban on individual gun ownership. Fortunately the DC Circuit prevailed. Also, he has been a proponent of gun registration and supported the failed Clinton push to have all gun ownership registered. The NRA is opposed to Judge Garland’s appointment stating: “…In fact, a basic analysis of Merrick Garland’s judicial record shows that he does not respect our fundamental, individual right to keep and bear arms for self-defense.”
Environmental Protection Bias: Judge Garland has consistently upheld EPA regulations that have been challenged by private businesses while accepting numerous challenges brought by environmental groups.
Admired Progressive William Joseph Brennan, Jr: One of the men admired by Justice Garland was Justice Brennan who was anti-death penalty, pro-abortion, favored individual rights against the state’s rights especially for underprivileged defendants. Justice Brennan was the antithesis of Justice Scalia. Brennan wrote: “For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.” Generally when one admires someone they admire their views. If So, Garland is not a replacement that Scalia would have approved of!
The key question is whether the Republicans who control the US Senate will hold firm to their pledge not to move this appointment, or any other Obama appointment, forward until a new President is elected. Justice Garland absolutely should NOT be considered or confirmed by this Senate, Period. That said, McConnell and his merry band of Mushy RINOs are not exactly the epitome of courage under fire. The fire is just beginning by Obama, Clinton, Reid and Schumer. We will see…