Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court

Summary

On March 16, 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court created by the unexpected death of Justice Antonin Scalia in February. Judge Garland was appointed to the D.C. Circuit by President Clinton in 1997, and is currently its chief judge, an administrative position that rotates among the active judges on the circuit. Prior to his appointment to the bench, Judge Garland served in the Criminal Division of the U.S. Department of Justice, where he notably oversaw the prosecution of the 1995 Oklahoma City bombing case, as well as other cases. It remains to be seen whether or how the Senate might proceed in considering Judge Garland’s nomination; however, the nomination generally remains effective until it is withdrawn or this term of Congress ends, whichever occurs first.

This report provides an overview of Judge Garland’s jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. In particular, the report focuses upon those areas of law where Justice Scalia can be seen to have influenced the High Court’s approach to certain issues, or served as a fifth and deciding vote on the Court, with a view toward how Judge Garland might approach those same issues if he were to be confirmed. The report begins with his views on two overarching issues—the role of the judiciary and statutory interpretation. It then addresses 14 separate areas of law, which are arranged in alphabetical order from “administrative law” to “takings.” The report includes one table which notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Garland. Another table, in the appendix to the report, identifies Judge Garland’s colleagues on the D.C. Circuit and lists notable cases involving Judge Garland and that colleague. A separate report, CRS Report R44484, Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland, coordinated by R. Chuck Mason, lists all opinions authored by Judge Garland during his tenure on the D.C. Circuit.

Other CRS products discuss various issues related to the vacancy on the Supreme Court. For an overview of available products, see CRS Legal Sidebar WSLG1526, Vacancy on the Supreme Court: CRS Products, by Kate M. Manuel and Andrew Nolan.