U.S. Supreme Court
Mar. 19, 2016
Can Merrick Garland be confirmed?
If a Republican is elected president and the Republicans retain control of the Senate, Garland will spend the rest of his career as a federal court of appeals judge.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Merrick Garland is impeccably qualified to be a U.S. Supreme Court justice, but will he ever get to serve in that role? The answer likely depends on who wins the presidential election and who controls the Senate after the November elections. If a Democrat wins the White House or if the Democrats take the Senate, Garland will be a Supreme Court justice. If a Republican is elected president and the Republicans retain control of the Senate, Garland will spend the rest of his career as a feder...
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