Merrick Brian Garland (born November 13, 1952) is an American federal judge who is the chief judge of the United States Court of Appeals for the District of Columbia Circuit. He has served on that court since 1997. A native of the Chicago area, Garland graduated summa cum laude as valedictorian from Harvard College and graduated magna cum laude from Harvard Law School. After serving as a law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and Justice William J. Brennan, Jr. of the Supreme Court of the United States, he practiced corporate litigation at Arnold & Porter and worked as a federal prosecutor in the U.S. Department of Justice, where he played a leading role in the investigation and prosecution of the Oklahoma City bombers. In 1995, Garland was appointed to the U.S. Court of Appeals for the District of Columbia Circuit, and (following a delay in Senate confirmation) took the bench in 1997. In 2009 and 2010, Garland was considered by President Barack Obama for two openings on the Supreme Court. On March 16, 2016, Obama nominated Garland to serve as an Associate Justice of the Supreme Court, to fill the vacancy created by the death of Antonin Scalia.
Garland was considered twice for the Supreme Court (in 2009 and in 2010) before ultimately receiving a nomination in 2016. In 2009, following the announcement by Justice David Souter that he would retire, Garland was considered as one of nine finalists for the post, which ultimately went to Sonia Sotomayor, then a judge of the Second Circuit. After the April 2010 announcement by Justice John Paul Stevens that he would retire, Garland was again widely seen as a leading contender for a nomination to the Supreme Court of the United States. President Barack Obama interviewed Garland, among others, for the vacancy.[25] In May, Senator Orrin G. Hatch, Republican of Utah, said he would help Obama if Garland was nominated, calling Garland "a consensus nominee" and predicting that Garland would win Senate confirmation with bipartisan support. Obama nominated Solicitor General of the United States Elena Kagan, who was confirmed in August 2010.
On February 13, 2016, Justice Antonin Scalia died. The next day, Senate Republicans led by Majority Leader Mitch McConnell issued a statement that they would not consider any nominee put forth by Obama, saying that a Supreme Court nomination should be left to the next President.[39][40][41] Scholars and experts noted that such a refusal to consider a presidential Supreme Court nominee is unprecedented.[42][43] On March 4, the New York Times reported that Garland was being vetted by the Obama administration as a potential nominee. A week later, Garland was named as one of three judges on the President's "short list" (along with Judge Sri Srinivasan, also of the D.C. Circuit, and Judge Paul J. Watford of the Ninth Circuit). Obama interviewed all three leading contenders, as well as two others who were considered: Judge Jane L. Kelly of the Eighth Circuit and Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia. On March 16, Obama formally nominated Garland. Garland has more federal judicial experience than any Supreme Court nominee in history.