Wash. Post Debunks Mitch McConnell’s “Absurd” Claim That Merrick Garland Is Ideologically Extreme

The Washington Post’s editorial board criticized Senate Majority Leader Mitch McConnell’s (R-KY) “patently ridiculous” claim that Supreme Court nominee Merrick Garland is ideologically extreme.

Since Garland’s nomination in March, groups like the Judicial Crisis Network, the National Federation of Independent Business and the National Rifle Association have made numerous false and misleading claims about Garland’s record to portray him as ideologically extreme. In fact, conservatives have praised Garland for years and multiple prominent conservative lawyers have announced their support for Garland’s nomination.

In a June 5 editorial, the editorial board slammed McConnell’s “patently ridiculous” claim after he said on MSNBC’s Morning Joe that “from a conservative point of view, I don’t think you could have a worse nominee than Merrick Garland.” The board wrote that it is “absurd” to call Garland a “worst-case scenario for Republicans,” noting, “Fellow judges from across the ideological spectrum [have] effusively praise[d] Mr. Garland” and that Garland’s record as a judge has “been careful and evenhanded.” From the June 5 piece:

Senate Majority Leader Mitch McConnell (R-Ky.) continues to insist that the GOP blockade of Judge Merrick Garland, President Obama’s nominee to replace Scalia, is “about a principle, not a person.” The crucial principle that apparently justifies hobbling the Supreme Court is the newly invented notion that the president should be able to fill court vacancies during only three-quarters of his elected term.

Mr. McConnell’s discovery of this principle has been as obvious a case of situational ethics as has ever been seen in Washington. Indeed, from the beginning, it was clear Republicans had more than proper procedure on their minds. “The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country,” Mr. McConnell warned in March.

Now Mr. McConnell has gone a step further, making his opposition not simply cynical but patently ridiculous. In interviews last week, Mr. McConnell argued that Mr. Garland is ideologically extreme. “I don’t think you could have a worse — from a conservative point of view, I don’t think you could have a worse nominee than Merrick Garland,” he said on MSNBC’s “Morning Joe.” “I would say, he’s a well-qualified, very liberal judge,” he told NPR.

It is absurd to claim that Mr. Garland, a nominee about whom many liberal groups are not excited, a judge whom Sen. Orrin Hatch (R-Utah) once called a “consensus nominee,” is the worst-case scenario for Republicans. Fellow judges from across the ideological spectrum effusively praise Mr. Garland. His work on the country’s second-most prominent court, the U.S. Court of Appeals for the District of Columbia Circuit, has been careful and evenhanded. Mr. McConnell’s claims do not pass the laugh test — unless by “worst,” he means “most-qualified” and therefore most difficult plausibly to reject.

Mr. McConnell’s admission that Mr. Garland is “well-qualified” should end the discussion. The president gets to nominate; the Senate gets to object in extraordinary circumstances, but has an obligation to confirm if nominees are, as in this case, obviously qualified and within the mainstream of judicial thinking. No other arrangement can keep the system working. But the majority leader obviously has other considerations in mind.