# Obama nominates Judge Merrick Garland to the SCOTUS.

**URL:** <https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160>\
**Category:** Politics & Elections\
**Created:** [March 16, 2016, 2:13pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160 "2016-03-16T14:13:26Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [March 16, 2016, 3:14pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/21 "2016-03-16T15:14:55Z")

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> [@running\_coach](#):
>
> Wouldn’t that be Karla Marx?

Transphobia! Shame!

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [March 16, 2016, 3:15pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/22 "2016-03-16T15:15:22Z")

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> [@running\_coach](#):
>
> Wouldn’t that be Karla Marx?

It’s not polite to refer to him by his pre-transition name, of course.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 16, 2016, 3:16pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/23 "2016-03-16T15:16:11Z")

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> [@Bricker](#):
>
> If I were a senator, I would vote to confirm.

Damn right. Merrick is practically the definition of a compromise candidate. If the appointment is stalled until the election, your choices (assume you kept your seat) the choices will be Jerry Garcia or Johnny Cochrane.

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**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\
**Post date:** [March 16, 2016, 3:18pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/24 "2016-03-16T15:18:15Z")

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> [@running\_coach](#):
>
> Wouldn’t that be Karla Marx?

It’s Karlisha Marx they are scared of.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [March 16, 2016, 3:22pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/25 "2016-03-16T15:22:36Z")

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Garland is also effectively the highest-ranking judge in the country who is not already a Supreme. There is no way to argue that he’s not the most qualified candidate.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [March 16, 2016, 3:27pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/26 "2016-03-16T15:27:10Z")

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> [@ElvisL1ves](#):
>
> Garland is also effectively the highest-ranking judge in the country who is not already a Supreme. There is no way to argue that he’s not the most qualified candidate.

“Most qualified” is always a bit subjective. He is unquestionably exceptionally well qualified.

I think it was a brilliant nomination. The Republicans have a tough choice, block it and look like idiots, or confirm him and look like idiots.

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [March 16, 2016, 3:29pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/27 "2016-03-16T15:29:05Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Still, I think Obama missed an opportunity when he didn’t nominate one of his own prior appellate nominees. I would have been fun to watch the GOP Senators try to explain why they couldn’t approve a SCOTUS nominee who had been confirmed to the circuit bench 100-0.

Given the Orrin Hatch quote above, this is even a tougher one on the Republicans. Remember he is the former chair and still current member of the Senate Judiciary Committee.

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**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\
**Post date:** [March 16, 2016, 3:34pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/28 "2016-03-16T15:34:25Z")

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I think it’s a gift to the republicans. This may be the only guy in the world they can walk back their bluster on: they can be like “we never thought he’d make such an intelligent and well-reasoned choice.” Hatch literally promised to back this guy in 2010. And after yesterday and the real possibility of a Trump nomination, they have to want to be walking this back.

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**Author:** ![WordMan](https://avatars.discourse-cdn.com/v4/letter/w/e8c25b/32.png) [@WordMan](https://boards.straightdope.com/u/WordMan)\
**Post date:** [March 16, 2016, 3:35pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/29 "2016-03-16T15:35:33Z")

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> [@Procrustus](#):
>
> “Most qualified” is always a bit subjective. He is unquestionably exceptionally well qualified.
> 
> I think it was a brilliant nomination. The Republicans have a tough choice, block it and look like idiots, or confirm him and look like idiots.

Bingo.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [March 16, 2016, 3:35pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/30 "2016-03-16T15:35:44Z")

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I think you can make a strong argument that the Republicans beat Obama once again. They said they wouldn’t accept any nominees he chose, Orrin Hatch suggested a nominee Republicans would accept, and Obama complied and nominated their suggestion.

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**Author:** ![MandaJo](https://avatars.discourse-cdn.com/v4/letter/m/ac91a4/32.png) [@MandaJo](https://boards.straightdope.com/u/MandaJo)\
**Post date:** [March 16, 2016, 3:38pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/31 "2016-03-16T15:38:06Z")

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That’s a little strong. It’s not like Republicans would have ever nominated Garland if they really had free choice.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [March 16, 2016, 3:38pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/32 "2016-03-16T15:38:06Z")

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I fail to see why holding hearings or even confirming now even though Republicans said they would not is any great fault. Sure they fumbled on strategy at the outset by announcing they would not hold hearings, but their position could evolve, no? Given Merrick is not necessarily a far left judge, Republicans evolving in their position could easily be played as part of a strategy to successfully influence the nomination.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [March 16, 2016, 3:38pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/33 "2016-03-16T15:38:32Z")

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> [@Little\_Nemo](#):
>
> I think you can make a strong argument that the Republicans beat Obama once again. They said they wouldn’t accept any nominees he chose, Orrin Hatch suggested a nominee Republicans would accept, and Obama complied and nominated their suggestion.

If so, [according to the NYTs](http://www.nytimes.com/interactive/2016/03/16/us/politics/garland-supreme-court-nomination.html), they’ll be confirming someone smack in the middle of the liberal justice bloc.

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**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\
**Post date:** [March 16, 2016, 3:39pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/34 "2016-03-16T15:39:57Z")

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Slick move, sending Hatch’s serve right back at him.

> [@ElvisL1ves](#):
>
> They’ll probably wait to see if Trump’s support inside the party strengthens or weakens before deciding.

I csn see them wait until after the downticket primaries are all done for the Senate seats that may be at risk of flipping, especially if there’s strong polling by TeaPots and Trumpeteers in those states.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [March 16, 2016, 3:40pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/35 "2016-03-16T15:40:37Z")

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> [@Bone](#):
>
> I fail to see why holding hearings or even confirming now even though Republicans said they would not is any great fault. Sure they fumbled on strategy at the outset by announcing they would not hold hearings, but their position could evolve, no? Given Merrick is not necessarily a far left judge, Republicans evolving in their position could easily be played as part of a strategy to successfully influence the nomination.

In normal times, yes. But if they walk it back, now, their base could go from frothing-at-the-mouth to catastrophic-explosive-rage.

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**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\
**Post date:** [March 16, 2016, 3:41pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/36 "2016-03-16T15:41:55Z")

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> [@iiandyiiii](#):
>
> In normal times, yes. But if they walk it back, now, their base could go from frothing-at-the-mouth to catastrophic-explosive-rage.

And you’d be able to tell, how?

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [March 16, 2016, 3:42pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/37 "2016-03-16T15:42:51Z")

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> [@Bone](#):
>
> And you’d be able to tell, how?

Volume of spittle? Coherence of sentences? Vibration frequency?

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [March 16, 2016, 3:46pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/38 "2016-03-16T15:46:18Z")

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> [@Bone](#):
>
> I fail to see why holding hearings or even confirming now even though Republicans said they would not is any great fault. Sure they fumbled on strategy at the outset by announcing they would not hold hearings, but their position could evolve, no? Given Merrick is not necessarily a far left judge, Republicans evolving in their position could easily be played as part of a strategy to successfully influence the nomination.

They don’t believe in evolution. 😛

Seriously though, if it had just been one press conference or similar where they said they wouldn’t consider anyone at any point before the election, one can see them walking that back. But when you say it repeatedly and published a letter with signatures writ large saying that you won’t, any compromise will weaken your credibility.

They didn’t just draw a line in the sand; they dug a trench. It’s not going to be easy to move.

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**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\
**Post date:** [March 16, 2016, 3:46pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/39 "2016-03-16T15:46:52Z")

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As I have said, once Mitch McConnell painted them into a particularly constrained corner for no reason, swiftly confirming Obama’s nominee became their _best_ option. They look like idiots in any event; at least getting the issue off the table now minimizes the harm it does them (the Senators themselves, in particular) in the general election campaign.

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**Author:** ![Grsz11](https://avatars.discourse-cdn.com/v4/letter/g/c5a1d2/32.png) [@Grsz11](https://boards.straightdope.com/u/Grsz11)\
**Post date:** [March 16, 2016, 3:50pm UTC](https://boards.straightdope.com/t/obama-nominates-judge-merrick-garland-to-the-scotus/749160/40 "2016-03-16T15:50:51Z")

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Republicans can always confirm AFTER Hillary wins and avoid a super liberal nominee.

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