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24 Monday, March 21, 2016<br />

The San Juan Daily <strong>Star</strong><br />

New York Times Editorials<br />

The Risk of Playing Politics With the Supreme Court<br />

By GREGORY B. CRAIG<br />

I<br />

WAS not there, but I can imagine President<br />

Obama in the Oval Office posing this question<br />

about Judge Merrick B. Garland: “Given<br />

this man’s lengthy history on the bench and his<br />

impeccable reputation, what can be said against<br />

him serving on the Supreme Court?”<br />

The answer from his advisers might have<br />

been: “Nothing, sir. But the Republicans don’t<br />

want to give up their decades-long control of this<br />

court, and they would rather ignore the Constitution<br />

and freeze the government than allow<br />

that to happen.”<br />

When President Obama picked Judge Garland<br />

to fill Justice Antonin Scalia’s seat, he was<br />

choosing an extraordinarily well-qualified jurist.<br />

Judge Garland has served on the bench<br />

for 19 years, the last three as chief judge of the<br />

United States Court of Appeals for the District<br />

of Columbia Circuit. No Supreme Court justices,<br />

even the greats, matched his record of federal judicial<br />

service at the time of their confirmation.<br />

His excellence as a jurist is surpassed only by the<br />

respect and affection people in both parties feel<br />

toward him.<br />

By sending the Senate a nominee of this quality<br />

and stature, President Obama has increased<br />

the political price Republicans will pay if they<br />

ignore their constitutional duty to provide advice<br />

and consent. That was the president’s objective<br />

from the start: Find a nominee beyond<br />

reproach who would, under normal circumstances,<br />

be confirmed without controversy. Force the<br />

Republicans to either back down or defend the<br />

indefensible.<br />

Political calculations are woven into every Supreme<br />

Court nomination, despite protestations<br />

to the contrary. The baseline is always that the<br />

nominee must be qualified and have a judicial<br />

philosophy in harmony with the president’s. But<br />

in narrowing the small field of candidates who<br />

meet those criteria, presidents consider many<br />

factors, including and especially a political one:<br />

Can this nominee win confirmation?<br />

While presidents often prefer to assert that<br />

their choices have nothing to do with politics,<br />

this year the Republicans have bluntly placed<br />

politics front and center by refusing even to consider<br />

Judge Garland until after the election. That<br />

unprecedented move has required the president<br />

to navigate a difficult political environment in<br />

deciding on a nominee.<br />

He has done that by starting with a known<br />

quantity: There are no secrets or surprises about<br />

Judge Garland, and his qualifications are clear. A<br />

federal prosecutor who oversaw the Oklahoma<br />

City bombing case, he was approved overwhelmingly<br />

and with bipartisan support by the Senate<br />

for the Circuit Court. Judge Garland has<br />

been on many people’s short list for the Supreme<br />

Court, including this president’s, for years.<br />

There is also nothing controversial in Judge<br />

Garland’s background. Judge Garland’s judicial<br />

philosophy, like the president’s, falls squarely in<br />

the mainstream. Senator Orrin G. Hatch of Utah<br />

and other Republicans had previously praised<br />

him effusively. Could the fact that, at 63, he is<br />

older than other possible nominees make him<br />

more palatable to Republicans? Perhaps. Should<br />

Republican senators be worried about voter backlash<br />

if they refuse to give him so much as a hearing?<br />

Yes.<br />

Yet Senate Republicans have said they won’t<br />

go forward with his nomination, or any nomination<br />

from this president, despite Judge Garland’s<br />

qualifications. This affront to the Constitution is<br />

an insult to the other two branches of government<br />

as well as to Judge Garland personally. The<br />

Senate has never told an elected president many<br />

months before the end of his term that it will<br />

not let him exercise one of his most important<br />

powers.<br />

It is particularly notable that many Senate<br />

Republicans are even refusing to hold courtesy<br />

meetings with Judge Garland. In 2005, President<br />

George W. Bush’s nomination of Harriet E. Miers<br />

foundered when senators who met her privately<br />

concluded that she was not up to the job. When<br />

Sonia Sotomayor was nominated four years later,<br />

she prepared exhaustively and was able to speak<br />

privately with almost 90 senators. Perhaps partly<br />

as a result, her confirmation hearings were relatively<br />

uneventful.<br />

Judge Garland has already begun scheduling<br />

these courtesy meetings, and the White House<br />

has set up a nonprofit organization to raise money<br />

and develop advertising to push for Judge<br />

Garland’s confirmation. The Senate confirmed<br />

Justice Sotomayor in less than three months. By<br />

that standard, Judge Garland should be confirmed<br />

and sworn in by Memorial Day.<br />

For the first time in decades, the balance of<br />

the court is in a position to shift. That happens<br />

from time to time in our democracy. Judge Garland<br />

should be confirmed quickly and easily. At<br />

a minimum, this exquisitely qualified and widely<br />

admired jurist deserves a fair hearing and<br />

a vote. If the Senate Republicans refuse to grant<br />

him that, they should not just worry about their<br />

seats, they should hang their heads.<br />

PO BOX 6537 Caguas PR 00726<br />

Or e-mail us at:<br />

sjstar.letters@gmail.com<br />

Telephones: (787) 743-3346 • (787) 743-6537<br />

(787) 743-5606 • Fax (787) 743-5100<br />

Dr. Ricardo Angulo<br />

Publisher<br />

Manuel Sierra<br />

General Manager<br />

Lisette Martínez<br />

Advertising Agency Director<br />

Ray Ruiz<br />

Legal Notice Director<br />

Allan Gil<br />

Internal Auditor<br />

Sharon Ramírez<br />

Legal Notices Graphics Manager<br />

Aaron Christiana<br />

Editor<br />

Maria Miranda<br />

Local News Editor<br />

Ismael Reyes<br />

Sports Editor/Assistant Editor<br />

María Rivera<br />

Graphic Artist Manager

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