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POLITICS

Merrick Garland Visits Capitol as G.O.P.

Digs In Against Vote
By DAVID M. HERSZENHORN

MARCH 17, 2016

WASHINGTON Senate Democrats enthusiastically embraced Judge Merrick B.

Garland on Thursday in his first visit to the Capitol as a Supreme Court nominee,
but Republican leaders, brushing aside stirrings of defections in their ranks, vowed
again that they would not hold hearings or a confirmation vote this year even if a
Democrat wins the White House in November.
It was a strange day even for an often-fractious Capitol. Democrats moved
forward with the traditional opening pageantry for a Supreme Court nominee,
including staged photo opportunities and two largely ceremonial meetings. At the
same time, the majority leader, Senator Mitch McConnell, Republican of Kentucky,
sought to dismiss the fight over the court vacancy as an irreconcilable difference
that should be set aside, like some routine piece of failed legislation, as the Senate
moved on to other business.
Tensions boiled over early after Senator Orrin G. Hatch, Republican of Utah,
and others suggested that Republicans might take up Judge Garlands nomination
in the lame duck session should Hillary Clinton or Bernie Sanders win the White
House and outraged Judiciary Committee Democrats called Republicans
duplicitous.
Senator Al Franken, Democrat of Minnesota, noted that Republican leaders
had repeatedly said they wanted to let voters in November decide the balance of
the Supreme Court with their ballots in the presidential election. But now, Mr.
Franken said, Republicans suddenly seemed prepared to deny voters that say in

order to prevent Mr. Obamas successor from potentially choosing a more liberal
judge.
I used to make a living identifying absurdity and I am hearing a lot of it
today, said Mr. Franken, who entered politics after a career writing and
occasionally performing on Saturday Night Live.
For his part, Judge Garland, in a dark suit and a green tie for St. Patricks Day,
smiled tightly for photographers in the offices of the Senate Democratic leader,
Harry Reid of Nevada, and Senator Patrick J. Leahy of Vermont, the senior
Democrat on the Judiciary Committee. Keeping with custom, Judge Garland made
no statements as he moved around the Capitol complex with a retinue of White
House aides.
By the end of the day, Republican leaders made clear they were sticking to
their original position and flatly ruled out any action on the nomination during the
lame duck session.
Senator John Cornyn of Texas, the No. 2 Republican and a member of the
Judiciary Committee, said on Thursday that he expected Democrats to keep
repeating their demands for a confirmation vote, but he urged them to desist.
Its frankly a waste of time, Mr. Cornyn said at the Judiciary Committees
business meeting. The decision has been made that we are going to wait for the
voters to choose the next president and allow that president to make the
nomination at which time that nomination, whether its a Democrat or a
Republican will be processed. But not before then.
Even Mr. Hatch had retreated. If its Hillary, its Hillary, he told reporters
with resignation at the Capitol, acknowledging that party leaders had decided Mr.
Obamas nominee would not be confirmed under any circumstance.
Adding to the days theatrics, Senate Democrats crossed the street and stood
outside the Supreme Court building for a news conference where they reiterated
the Do your job! refrain that has become their battle cry in recent weeks.
The unorthodox news conference highlighted the extent to which the battle
over Judge Garlands nomination unlike past confirmation fights such as those

involving Justice Clarence Thomas or Judge Robert Bork will play out not in
televised committee hearings or debate on the Senate floor, but in the court of
public opinion.
And with senators leaving town Thursday night for a two-week Easter recess,
Senate Democrats and the White House were clearly hoping that Republicans
would start hearing from voters in their home states.
Why cant the Republicans do what theyre supposed to do, do their jobs?
Mr. Reid said at a news conference after meeting with Judge Garland in his office,
which is not far from Mr. McConnells office. Why are they afraid to meet with
him? Why are they afraid to hold hearings? Are they afraid the American people
will watch these hearings and demand they do something more than they are
demanding now?
Judge Garland is widely viewed as a moderate jurist. He received robust praise
from a number of Republicans, including Mr. Hatch, when he was confirmed in
1997 for his current seat on the Court of Appeals for the District of Columbia
Circuit.
Conservative groups, however, have unleashed a furious opposition to Judge
Garland, raising questions about his views on Second Amendment gun rights.
And Mr. McConnell has seemed as immovable as the Corinthian columns
lining the front of the Supreme Court building. On Wednesday, shortly after Mr.
Obama announced the nomination, Mr. McConnell telephoned Judge Garland to
say there was no point in them meeting face to face.
In a speech on the Senate floor on Thursday morning, Mr. McConnell repeated
his position and said it was time to move on to other business.
When it comes to filling the current Supreme Court vacancy, which could
fundamentally alter the direction of the court for a generation, Republicans and
Democrats simply disagree, he said. We simply disagree. Republicans think the
people deserve a voice in this critical decision. The president does not. So we
disagree in this instance and as a result, we logically act as a check and balance.
At the Judiciary Committee business meeting, senators traded recriminations

and Mr. Franken expressed disbelief at the Republicans position.

Lets at least be honest while we are talking about this stuff, Mr. Franken
told Mr. Hatch, who had raised the idea of taking up Judge Garlands nomination
during the lame duck session.
Mr. Franken continued: You cant say I want the people to decide; wait for
the next president. Oh, wait a minute, if we lose the election, then well vote for this
guy.
Addressing Mr. Hatch directly, Mr. Franken said, Will you at least admit to
me that is contradictory?
Mr. Hatch replied, If I was in your shoes, I would be saying, Well thats
wonderful, at least we are going to vote for this nominee one way or the other.
Mr. Franken was not mollified. No, its double-talk. Dont you see that as
double-talk?
Mr. Leahy, at a news conference after his meeting with Mr. Garland, cited
average time frames of past Supreme Court vacancies and said the entire
confirmation process could be completed by the end of May.
If we followed our normal routine, we could easily have the hearings, the
debate, the background and the vote by Memorial Day, he said, adding that
Republicans should cancel some recesses if they think more work days are needed.
Mr. Reid, after his own meeting with Judge Garland, said he had not offered
any special advice. I just told him to be himself, Mr. Reid said.
Jennifer Steinhauer contributed reporting.
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A version of this article appears in print on March 18, 2016, on page A1 of the New York edition with the
headline: Judge Pays Visit as G.O.P. Digs in Against a Vote.

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