Republicans, adamant about letting the next president make the nominee, looked at this nominee and said “Hmm, this guy seems like the best we would ever get from a Democratic president. But, it’s way too late to turn back on our word now…Right?”
Democrats, hoping to skew the bench towards an ever-changing liberal majority, heard Garland’s name and said, “What! Talk about a blown opportunity…” While Garland appears to be liberal in many ways, his tendency to gravitate towards the middle is definitely a far cry from what far-left liberals were hoping for.
Although some liberals floating closer to the middle might be happy with Obama’s pick, once the shine of this long-awaited nominee wears off, some will realize that this nominee isn’t really the best person (not principle) to become the next Supreme Court justice.
Here are a couple reasons to not-really-like Merrick.
1. Grand Old Party Gets Its Grand Old Justice
When most people close their eyes and picture a potential Republican SCOTUS nominee, it is most likely going to be an old, white guy, possibly with a top hat and monocle. At the ripe age of 63, Merrick’s potential years on the bench are greatly decreased compared to the Obama’s two other confirmed nominees, Kagan (50 when appointed) and Sotomayor (55 when appointed).
The age of Merrick benefits the Republicans much more than the Democrats. An older justice means a shorter time until that justice retires and can be replaced. Most presidents try to pack the bench with younger judges so that their legacy can live long on the SCOTUS bench after the president has become a punching bag in middle school text books. Garland is the opposite of that.
An elderly judge also raises the potential that the justice will not see issues under the same lens as the younger, more in-touch people of our country. While Garland does not hold some of the extreme values that some Republicans hold, his willingness to straddle the line could come back to hurt Democrats on certain swing vote type issues later down the road.
2. Denying Diversity
As mentioned above, and just in case you couldn’t tell from his picture, Garland is a Caucasian male. Unless you are new to the History of Supreme Court Justices, you know that white dude faces litter this list. The nomination of Garland offers more of the same and the minority community should be pissed, especially when Sri or Kelly were deservedly waiting in the wings.
Obama seized the day with his first two cracks at nominating a Supreme Court justice by bringing more women to the bench. Sotomayor’s Latina background also brings an extra layer of diversity to the bench that should not be underscored. After six years on the bench, her first hand views of “minority life” shed a specific light on many issues that many of the old, white men on the bench will not and could not understand.
The failure of Obama to even try to bring onto the court another diverse justice that truly understands the toils of the middle class is disappointing at the very least.
3. The Poisoning of East Coast Ivy
The Supreme Court is packed with East Coast Ivy League alumni. While it’s never proper to knock a Harvard or Yale law degree, forming a bench that holds so much weight on the direction to which this country moves with a handful of people that went to the same type of school seems asinine.
Hoping that a group of nine justices that were taught from the same curriculum will magically understand the intricacies of life that effect people all the way over on the West Coast is unlikely. And while Kennedy and Breyer do have some Westside connections, this is hardly enough.
Garland, a Harvard grad, is once again more of the same. If presidents can’t move away from this form of cronyism when it comes to SCOTUS nominees, then we are all probably doomed anyways.
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