WASHINGTON
(AP) -- President Barack Obama will nominate federal appeals court
judge Merrick Garland to the Supreme Court on Wednesday, challenging
Republicans to reject a long-time jurist and former prosecutor known as a
consensus builder on what is often dubbed the nation's second-highest
court.
Garland, 63, is the chief judge for the
United States Court of Appeals for the District of Columbia Circuit, a
court whose influence over federal policy and national security matters
has made it a proving ground for potential Supreme Court justices.
He
would replace conservative, Justice Antonin Scalia, who died last
month, leaving behind a bitter election-year fight over the future of
the court.
The White House and members of
Congress confirmed Obama's choice ahead of the president's 11 a.m.
announcement in the White House Rose Garden.
White
House officials said Obama believes Garland has a record of bipartisan
support and was best poised to serve on the court immediately.
Garland
was confirmed to the D.C. Circuit in 1997 with backing from a majority
in both parties, including seven current Republicans senators.
Sen.
Chuck Schumer of New York, the No. 3 Democratic leader called Garland's
section, "a bipartisan choice," adding: "If the Republicans can't
support him, who can they support?"
Senate
Minority Leader Harry Reid, who spoke to Obama Wednesday morning, said
in brief remarks on the Senate floor that Republicans must act on the
president's choice. "He's doing his job this morning, they should do
theirs," said the Nevada Democrat.
If
confirmed, Garland would be expected to align with the more liberal
members, but he is not viewed as down-the-line liberal. Particularly on
criminal defense and national security cases, he's earned a reputation
as centrist, and one of the few Democratic-appointed judges Republicans
might have a fast-tracked to confirmation - under other circumstances.
But
in the current climate, Garland remains a tough sell. Republicans
control the Senate, which must confirm any nominee, and GOP leaders want
to leave the choice to the next president, denying Obama a chance to
alter the ideological balance of the court before he leaves office next
January. Republicans contend that a confirmation fight in an election
year would be too politicized.
Ahead of
Obama's announcement, the Republican Party set up a task force that will
orchestrate attack ads, petitions and media outreach. The aim is to
bolster Senate Republicans' strategy of denying consideration of Obama's
nominee. The party's chairman, Reince Priebus, described it as the
GOP's most comprehensive judicial response effort ever.
On
the other side, Obama allies have been drafted to run a Democratic
effort that will involve liberal groups that hope an Obama nominee could
pull the high court's ideological balance to the left. The effort would
target states where activists believe Republicans will feel political
heat for opposing hearings once Obama announced his nominee.
For
Obama, Garland represents a significant departure from his past two
Supreme Court choices. In nominating Sonia Sotomayor and Elena Kagan,
the president eagerly seized the chance to broaden the court's diversity
and rebalance the overwhelming male institution. Sotomayor was the
first Hispanic confirmed to the court, Kagan only the fourth woman.
Garland
- a white, male jurist with an Ivy League pedigree and career spent
largely in the upper echelon of the Washington's legal elite - breaks no
barriers. At 63 years old, he would be the oldest Supreme Court nominee
since Lewis Powell, who was 64 when he was confirmed in late 1971.
Presidents tend to appoint young judges with the hope they will shape the court's direction for as long as possible.
Those
factors had, until now, made Garland something of a perpetual
bridesmaid, repeatedly on Obama's Supreme Court lists, but never chosen.
But
Garland found his moment at time when Democrats are seeking to apply
maximum pressure on Republicans. A key part of their strategy is casting
Republicans as knee-jerk obstructionists ready to shoot down a nominee
that many in their own ranks once considered a consensus candidate. In
2010, Utah Sen. Orrin Hatch called Garland "terrific" and said he could
be confirmed "virtually unanimously."
The
White House planned to highlight Hatch's past support, as well as other
glowing comments about Garland from conservative groups.
A
native of Chicago and graduate of Harvard College and Harvard Law
School, Garland clerked for two appointees of Republican President
Dwight D. Eisenhower - the liberal U.S. Supreme Court Justice William
Brennan Jr. and Judge Henry J. Friendly, for whom Chief Justice John
Roberts also clerked.
In 1988, he gave up a
plush partner's office in a powerhouse law firms to cut his teeth in
criminal cases. As an assistant U.S. attorney, he joined the team
prosecuting a Reagan White House aide charged with illegal lobbying and
did early work on the drug case against then-D.C. Mayor Marion Barry. He
held a top-ranking post in the Justice Department when he was
dispatched to Oklahoma City the day after bombing at the federal
courthouse to supervise the investigation. The case made his career and
his reputation. He oversaw the convictions of Timothy McVeigh and Terry
Nichols, and went on to supervise the investigation into Unabomber Ted
Kaczynski.
President Bill Clinton first nominated him to the D.C. Circuit in 1995.
His
prolonged confirmation process may prove to have prepared him for the
one ahead. Garland waited 2½ years to win confirmation to the appeals
court. Then, as now, one of the man blocking path was Iowa Sen. Charles
Grassley, argued he had no quarrel with Garland's credentials, but a
beef with the notion of a Democratic president trying to fill a court he
argued had too many seats.
Grassley
ultimately relented, although he was not one of the 32 Republicans who
voted in favor of Garland's confirmation. Nor was Sen. Mitch McConnell,
the other major hurdle for Garland now. The Republicans who voted in
favor of confirmation are Sen. Dan Coats, Sen. Thad Cochran, Sen. Susan
Collins, Sen. Orrin Hatch, Sen. Jim Inhofe, Sen. John McCain, and Sen.
Pat Roberts.

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