Obama’s Supremely Bad Nominee

March 16, 2016

by Gary L. Bauer


President Barack Obama (photo credit: Marc Nozell via Flickr, CC BY 2.0)

President Barack Obama (photo credit: Marc Nozell via Flickr, CC BY 2.0)

At the White House this morning, President Obama announced his nominee for the Supreme Court — Judge Merrick Garland of the Circuit Court of Appeals for the District of Columbia.

The media are dutifully attempting to spin Garland as a “centrist” or a “consensus choice.” Consider this headline from the Los Angeles Times: “It’s Going To Be Hard For Conservatives To Oppose The Careful, Moderate Merrick Garland.”

Don’t be fooled, my friends. Barack Obama was never going to nominate a moderate to the Supreme Court. It won’t be hard at all to oppose Merrick Garland.

There was considerable concern in recent days among far-left activists that Obama might nominate Garland. After all, they kept hearing about how moderate he was, and they really want a dedicated liberal.

With that in mind, consider these soothing words from the radical blog Think Progress: “To be clear, Garland’s record does not suggest that he would join the Court’s right flank if confirmed to the Supreme Court. He would likely vote much more often than not with the Supreme Court’s liberals.”

I agree completely. Here’s what we know about Judge Garland that big media won’t tell you:

  • Garland clerked for Justice William Brennan, described by the New York Times as “a towering figure in modern law who embodied the liberal vision of the Constitution as an engine of social and political change.” Brennan was a leading advocate of abortion and affirmative action. He was a fierce opponent of the death penalty and bitterly resisted efforts of the Reagan Administration to bolster the conservative legal philosophy of originalism. In other words, Garland’s mentor at the Supreme Court was the exact opposite of Justice Antonin Scalia, whom Obama is attempting to replace.
  • Garland spoke at an event in 2005 honoring the legacy of Justice Harry Blackmun, author of the notorious Roe v. Wade decision that forced every state in the union to allow abortion on demand.
  • Garland was on the wrong side of Supreme Court’s Heller decision. The 5-to-4 decision, authored by Justice Scalia, upheld an individual’s right under the Second Amendment to own a firearm for self-defense. But as a judge on the D.C. Circuit Court of Appeals, Garland voted for the District of Columbia’s outrageous anti-Second Amendment gun ban. Thankfully, Justice Scalia struck down Garland’s distorted view of our constitutional rights. So, once again, it is absolutely clear that Obama has nominated a liberal judge who would undo Justice Scalia’s legacy and further erode our constitutional rights.

Gary L. Bauer served in President Ronald Reagan’s administration for eight years, as Under Secretary of Education and as President Reagan’s Chief Domestic Policy Advisor.


Gary L. Bauer served in President Ronald Reagan's administration for eight years, as Under Secretary of Education and as President Reagan's Chief Domestic Policy Advisor.

Archive: Gary L. Bauer