Senate Democrats are pushing for a confirmation hearing on February 8 to Merrick Garland
Merrick Brian GarlandDemocrats evaluate expansion of lower courts after Trump Biden blitz starts recruitment commission to study Supreme Court reform: report More than 40 lawmakers sign letter urging Merrick Garland to prioritize the abolition of the death penalty MORE, President Biden’s choice to be Attorney General.
Garland has yet to receive a hearing weeks after his appointment, in part because of a peculiarity that left Republicans retaining control of the Senate Judiciary Committee.
Although Democrats have a majority in the Senate, Republicans still control the committees because the Senate has yet to approve a power-sharing deal. Without an organizing resolution, the Senate commissions continue to monitor the organization of the 116th Congress. That leaves Sen. Lindsey Graham
Lindsey Olin GrahamTrump announces new legal impeachment team after reports of exits 5 lawyers leave Trump’s impeachment team before trial: reports Biden reignites immigration fight in Congress MORE (RS.C.) as chairman of the Judiciary Committee.
Sen. Dick Durbin
Dick DurbinProgressives push controversial budget reconciliation proposal Democrats evaluate lower court expansion after Trump blitz Biden reignites immigration fight in Congress (D-Ill.) He sent a letter to Graham on Monday asking him to schedule the hearing, arguing that “there was simply no justification” for opposing giving Garland a hearing before the Judiciary Committee on February 8.
“I think it is unfortunate that we have not agreed on a timetable for processing this nomination. While I remain committed to working with you and Senator Grassley, the new ranking member of the Committee, to find a bipartisan consensus on time, we simply do there is justification for further delaying the hearing of Judge Garland, “wrote Durbin in the letter.
Durbin implied in his letter that Graham currently refuses to give Garland a hearing on February 8, writing, “It is my hope … that you will reconsider your objections to proceeding with a February 8 hearing.”
Graham’s spokesmen did not immediately answer a question about Durbin’s request.
If Graham does not agree with the February 8 hearing, Durbin warned that he is “prepared to take further steps to speed up the Senate’s consideration of the appointment of Judge Garland, if his hearing does not proceed on February 8”.
A spokesman for Durbin did not provide details on what measures Durbin would be willing to take. But Durbin defended Garland in his letter.
“It is a consensual choice that must be confirmed quickly on its merits and because of the urgent need to respond to the January 6 uprising and other national security risks,” wrote Durbin.
Democrats can confirm Garland without the support of the Republican Party once his nomination reaches the Senate. According to a change in rules enacted by Senate Democrats in 2013, low-level judicial choices and those appointed to the executive need only a simple majority to defeat an obstructionist and, ultimately, be confirmed.
It is not the first time that Republicans have refused to give Garland an audience.
Former President Obama nominated him to the Supreme Court in 2016, but Republicans refused to give his appointment in a hearing or vote because of the impending presidential election. In 2020, Republicans set a new record for how close to a presidential election a Supreme Court candidate was confirmed when they placed Justice Amy Coney Barrett
Amy Coney BarrettDemocrats evaluate expansion of lower courts after Trump blitz South Carolina Senate votes to ban most abortions in Biden state begins a staff commission to study Supreme Court reform: report MORE, old President Trump
Donald TrumpBiden reverses Trump’s last-minute attempt to freeze 0.4 billion programs Trump announces new legal impeachment team after reported matches Republicans struggle to unify toward the next election cycle MOREchoice to succeed justice Ruth Bader Ginsburg
Ruth Bader Ginsburg Goodwin Liu’s background and experience make him an ideal choice for the California attorney general. In Biden, the media finally has a religious president to celebrate the New York street and subway signs transformed to welcome Biden, bid farewell to Trump MORE, in the bank.
Graham praised Garland earlier this year, when Biden chose him as attorney general, calling him a “right choice”.
“If the media reports are accurate, I believe Judge Garland would be a wise choice to be the next attorney general. He is a man of great character, integrity and tremendous legal competence, ”Graham tweeted at the time.