“And that’s in a space of only a few hours.”Heidi Haggerty, the school’s principal, said that during the nomination process, she and the judge joked about how “he couldn’t just hop into the car” and drive over, on account of his new Secret Service detail. “But Merrick didn’t get frustrated; he got focused,” said Brian Deese, a senior adviser to Mr. Obama.“It was kind of, ‘Welcome back, Garland,’” Judge Tatel said. “You could hear a Washington cynic saying, ‘I’ll do the short version,’ or not do it until they hold the hearing.
But he has since left the top spot on the panel to take over the Finance Committee, sparing him the prospect of either going back on his word or infuriating Mr. Trump and his colleagues.

While it is hard to imagine proceedings more toxic than the Kavanaugh hearings, a move to install an election-year nominee with the specter of impeachment swirling in the capital would certainly be considered inflammatory by Democrats and those on the left.But with the tables turned and Republicans holding the White House, that almost certainly would not be their refrain in 2020 if a court seat were to open up through death or retirement.Justice Ruth Bader Ginsburg’s health scare raised the question of how the Senate would handle a Supreme Court vacancy in a presidential election year.“Do you have any Republican senator saying that in 2020 we won’t ram through a Supreme Court nominee?” asked Senator Chris Coons, Democrat of Delaware and a member of the Judiciary Committee.
Merrick Garland was nominated to the Supreme Court by President Barack Obama in March 2016.

And on Jan. 30, two colleagues on the appeals court, Judges David S. Tatel and Laurence H. Silberman, hosted a more formal affair at the Metropolitan Club here.“What’s the deal with the software?” he asked a lawyer from the Drug Enforcement Administration on a recent morning. As a result, he said last year that he would not consider a nominee in 2020 if he were still chairman of the panel. “But every step is a result of hours and hours of practice, discipline and determination.”As an example, he cited how Judge Garland tackled the questionnaire that nominees submit to the Judiciary Committee before confirmation hearings, providing a full account of their writings and opinions.One of the frustrations of writing about Judge Garland is that no one, not even a Republican, seems to be able to find a bad thing to say about him. “Does it not exist?”But Judge Garland proceeded as if it were a normal situation and he were a normal nominee. Democrats held the White House and Republicans controlled the Senate in 2016; Republicans now control both. Allies say they doubt he would take a stand against a nominee since he is no longer chairman.“While there are few options we would have to stop that nominee before the election, my hope is it would mobilize Democrats at the polls to insist on restoring balance to the court,” Mr. Coons said.Senator Mitch McConnell, the Kentucky Republican, majority leader and unapologetic mastermind of the 2016 Garland blockade, has made clear that he would move ahead with a Supreme Court nominee from President Trump. “As long as the president is in office, he has the constitutional right to nominate. Now obviously, senators could have voted against him based on the timing. In many ways, it made me feel worse.”The judge pointed out that the agency had provided “six relatively different descriptions” of the status of the software in question. The only potential barrier would be resistance from his own party on the grounds it would be hypocritical and unfair for Republicans to do what they prevented Democrats from doing four years ago.Though Democrats would lack procedural weapons, they and their allies say they would still mount a challenge using whatever tools available, and their attention would focus intently on the nominee.

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