From the NYT: Obama to Nominate Merrick Garland to Supreme Court

- Click here for the article.

President Obama on Wednesday will nominate Merrick B. Garland as the nation’s 113th justice, according to White House officials, choosing a centrist appeals court judge widely respected even by Republicans in hopes his choice will be considered by the Senate.

In choosing Judge Garland, a well-known moderate who has drawn bipartisan support over decades, Mr. Obama was essentially daring Republicans to press their election-year confirmation fight over a judge many of them have publicly praised and who would be difficult for them to reject, particularly if a Democrat were to win the November presidential election and they faced the prospect of a more liberal nominee in 2017.

For more on Garland:

- Wikipedia: Merrick Garland.
- Scotusblog: Afternoon round-up: President nominates Garland to Supreme Court.
- Vox: Merrick Garland is President Obama's choice to replace Antonin Scalia on the Supreme Court.

In the US Senate today . . .

Just to keep up to date, from January 23rd's calendar:

4:00 p.m.: Proceed to executive session to consider the nomination of John M. Gerrard to be United States District Judge for the District of Nebraska.

The Senate Glossary defines an executive session as one where "A portion of the Senate's daily session in which it considers executive business." Wikipedia's section on the standing rules of the Senate has more, in addition to a list of the executive positions subject to advise and consent.


Here's background on John M. Gerrard. He was appointed on the recommendation of retiring Nebraska Senator Ben Nelson. This is the customary way that Federal District Judges are appointment when one of the state's US Senators are of the same party as the president. Alabama Senator Sessions has opposed Gerrard's nomination partly due to an opinion he issued challenging whether the executions by electric chair was constitutional.


If approved, Gerrard would fill a vacancy on the court (here's the Wikipedia page for the court, here's the court's website) and become its sixth judge. This is the only district court for the state of Nebraska. There are 89 such courts across the country. Each state has to have one according to the Constitution. 

What is a US District Judge you ask? The US Court's website explains (its the trial court on the federal level) here's more info from the relevant Wikipedia page.

The appointment and confirmation has become increasingly contentious. Senate rules allow a minority to prevent confirmation votes - or any vote really - from going to the floor. Reports suggest that judicial vacancies have risen during the Obama Administration. Here are numbers from the US Courts site and judicialnomination.org.

For a list of Obama's judicial nominees, click here.

Texas Democrats to Influence Choice of Federal Judges in the State

From Capitol Annex:

It should come as no surprise to anyone that Texas’ Democrats in Congress are making noise about the selection of judicial nominees from Texas, given that the state’s two senators are both Republicans and likely wouldn’t have too many decent suggestions to make to President Barack Obama.

This coupled with Democratic success in recent judicial racs in the state suggest that things might be different in the state.

The story includes a potential controversy since the Senate is given the power to advise and consent. This should be interesting to 2302 students

The Confirmation Hearings

One of the checks and balances is outlined in Article 2, Section 2 which states that the president shall appoint the officers of the United States with the advice and consent of the Senate. That almost never means advice, only consent, which is usually but not always offered.

Here are few links with background on the process--at least the committee hearings--the current nominations are going through:

For Secretary of State: Hillary Clinton. Hearings in the Senate Foreign Affairs Committee.

For Attorney General: Eric Holder. Hearings in the Senate Judiciary Committee.

For Transportation Secretary: Ray LaHood. Hearings in the Senate Commerce, Science and Transportation Committee.