Senate Democrats are betting on a Feb. 8 confirmation hearing Merrick GarlandDemocrats weigh in on lower courts after Trump blitz Biden begins staffing committee to study Supreme Court reform: A report from more than 40 lawmakers sign a letter urging Merrick Garland to prioritize abolition of death penalty MORE, President Biden’s choice to be Attorney General.
Garland has yet to receive a hearing weeks after his nomination, in part because of a peculiarity that has left Republicans in retaining control of the Senate Judiciary Committee.
Although Democrats have a Senate majority, Republicans still control committees because the Senate has not yet approved a power-sharing agreement. Without an organizational resolution, the Senate committees follow the organization of the 116th Congress. That leaves the senator. Lindsey GrahamLindsey Olin GrahamTrump announces new legal dismissal team after reported departures. 5 lawyers leave Trump’s removal team before trial: Biden reports that the fight for immigration will resume in Congress MORE (RS.C.) as chairman of the Judicial Committee.
His. Dick DurbinDick Durbin: Progressives push for controversial budget reconciliation proposal. Democrats weigh in on lower courts after Trump blitz Biden revives fight for immigration in Congress MORE (D-Ill.) He sent a letter to Graham on Monday asking him to schedule the hearing, arguing that “there was simply no justification” for opposing Garland’s hearing before the Judiciary Committee on Feb. 8.
“I find it unfortunate that we have not been able to reach an agreement on a timetable for processing this candidacy. Although I remain committed to working with you and Senator Grassley, a member of the Committee’s incoming ranking, to find bipartisan consensus on the timetable, simply there is no justification for further delaying Judge Garland’s hearing, “Durbin wrote in the letter.
Durbin hinted in his letter that Graham is currently refusing to hold a hearing in Garland on Feb. 8, writing, “I hope … you will reconsider your objections to proceeding with a Feb. 8 hearing.”
Graham’s spokesmen did not immediately respond to a question about Durbin’s request.
If Graham does not accept a Feb. 8 hearing, Durbin warned he was “ready to take other steps to expedite the Senate’s consideration of Judge Garland’s nomination if his hearing does not advance on Feb. 8.”
A Durbin spokesman did not immediately provide details on what steps he would be willing to take. But Durbin defended Garland in his letter.
“It is a widespread and consensual election that should be quickly confirmed both in terms of its merits and in the urgent need to respond to the January 6 insurgency and other national security risks,” Durbin wrote.
Democrats can confirm Garland without Republican Party support once his nomination is on the Senate floor. Under a rule change enacted by Senate Democrats in 2013, lower-level judicial elections and executive candidates only need a simple majority to defeat a filibuster and eventually be confirmed.
It’s not the first time Republicans have refused to give Garland an audience.
Former President Obama nominated him to the Supreme Court in 2016, but Republicans refused to give his candidacy a hearing or a vote because of the upcoming presidential election. In 2020, Republicans set a new record for the next presidential election that a Supreme Court candidate has been confirmed when they put Justice Amy Coney BarrettAmy Coney Barrett: Democrats weigh in on lower court expansion after Trump dominates the South Carolina Senate by voting to outlaw most abortions in the state. Biden begins staffing committee to study Supreme Court reform, old President Trump
Donald TrumpBiden reverses Trump’s last-minute freeze attempt .4 billion programs Trump announces new legal dismissal team after reported departures as Republicans shoot to unify toward next election cycle MOREThe choice to succeed Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg: Goodwin Liu’s background and experience make him an ideal choice for the California Attorney General. In Biden, the media finally has a religious president to celebrate the transformed New York street and subway posters to welcome Biden, say goodbye to Trump MORE, on the sidewalk.
Graham praised Garland earlier this year, when Biden chose him to be his candidate for attorney general, calling him a “good choice.”
“If the media reports are accurate, I think Judge Garland would be a good choice to be the next attorney general. He is a man of great character, integrity and great competence in the law,” tweeted Graham at the time. .