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Wednesday, March 16, 2016

KING: Merrick Garland may push Supreme Court too far right - NY Daily News

KING: Merrick Garland may push Supreme Court too far right - NY Daily News

I understand the Merrick Garland pick, but I hate it. I really do.

I don't hate him — he seems to be a genuinely decent, moderate man with a brilliant legal mind, but he’s a worst-case scenario for those of us who are passionate about criminal justice reform.

On this issue, he is a true conservative and runs the risk of actually pushing the court to the right.

MERRICK GARLAND NAMED OBAMA'S NOMINEE FOR SUPREME COURT

On this point, Tom Goldstein, who has argued 38 cases before the Supreme Court, wrote that Garland’s record on criminal defense appeals is less than sterling.

“Judge Garland rarely votes in favor of criminal defendants' appeals of their convictions,” said Goldstein. “Most striking, in 10 criminal cases, Judge Garland has disagreed with his more liberal colleagues; in each, he adopted the position that was more favorable to the government or declined to reach a question on which the majority of the court had adopted a position favorable to a defendant. Because disagreement among panel members on the D.C. Circuit is relatively rare, this substantial body of cases is noteworthy.”

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