April 23, 2010

IF ONLY DICK MORRIS WERE ADVISING HIM:

Potential Supreme Court pick Garland could find foes on left (Carol D. Leonnig, 4/23/10, Washington Post)

Unlike several other possible candidates to succeed retiring Supreme Court Justice John Paul Stevens, U.S. Court of Appeals Judge Merrick B. Garland probably won't face conservative opposition. Instead, it could be liberals lining up against him.

A small but vocal group of activists is privately saying that Garland is not liberal enough to replace the legendary Stevens, whose opinions defended gay rights and abortion rights and opposed the death penalty. They say Garland is a centrist who won't champion liberal concerns, too often finds middle ground with his conservative colleagues on the Court of Appeals for the District of Columbia Circuit, and showed great deference to President George W. Bush's indefinite detentions at Guantanamo Bay, Cuba. [...]

Even his naysayers acknowledge that he is well liked by progressives and conservatives as a consensus-building judge and for his work as a top prosecutor on the Oklahoma City bombing. Many agree that he might provide the White House with the smoothest political sailing in confirmation hearings.

Among his friends are some of the capital's most powerful Democratic operatives, as well as conservatives such as Chief Justice John G. Roberts Jr. and D.C. Circuit colleagues Laurence H. Silberman and David Sentelle. Some of the conservative judges, Republican sources say, have quietly sent their GOP friends a message: Don't attack Garland.

If conservatives were choosing a nominee, Garland "would be nowhere on the list," said Ed Whelan, president of the conservative Ethics and Public Policy Center, but Garland compares favorably with other candidates President Obama might consider.

Posted by Orrin Judd at April 23, 2010 5:25 PM
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