Campaign trail. In our most recent wall street journal nbc poll, 48 , a pl pleuralty of those said the senate should take action to a nominee to the Supreme Court that the president would send this year and 55 of that same sample said that eventually president obamas nominee to the Supreme Court is entitled to an up or down vote. Were minutes away from the president making his announcement and begins of course to make the case for the confirmation battle that lies ahead. Hampton pearson in washington. Well be coming back to you in a moment. For more on todays announcement lets bring in a litigation attorney in nixon peabodys new york city office. Has written extensively on the Supreme Court nominating process. Thank you for joining us. Native of illinois, harvard grad. Was considered a contender when Justice Stevens stepped down. What should we know . So judge garland i would say is a consensus candidate as folks have been saying the last 30 minutes or so. He is known as a moderate. Hes been on the d. C. Circuit for 30 years. A couple of things really stand out. Number one is that he was one of the authors of an opinion that said the guantanamo detainees cannot have civil trials and the second thing to know is that in all of his years on the d. C. Circuit only 8 times did he overturn an appeal of a criminal defendant. What were going to see is progressives that wont be progressive enough for those and for conservative republicans he wont be conservative enough for them. One thing that strikes me about him is the area c conservatives ding him on is gun control. He seemed to be in favor of the d. C. Handgun ban that was struck down by another court. In this kind of a political environment the Republican Base thats already said in polls it feels betrayed and thats leading their voting, could the senate even seem to be open to a character like that with that kind of voting record even if hes being touted as a moderate given that the Second Amendment has come up again and again. It looms large here and always does in every political cycle and the opinion that youre talking about is of course washington d. C. And scalia offered the opinion in the Supreme Court which struck down most of the handgun ban in d. C. And i think there will be some issues. Obama was never going to nominate someone that republicans would be completely happy with and frankly thats not his job. I think on balance though he is a moderate candidate. I can see him in the vain of kennedy someone that goes some ways on some issues and some ways in others. Personally a principled jurist. So there will be discussion and there will be debate. Theres going to be still problems as we go down into the midterms if there is obstructionism for someone thats really a very, very qualified candidate. We have seen obviously as people start digging through his decisions of the past, people point to his rulings as it results to criminal justice. Do those lead to liberal, moderate or conservative in your view . Conservative. 8 instances in 13 years which say long time on the d. C. Circuit or any federal court in which he has overturned the criminal appeal or basically allowed a criminal appeal to go back down. So he is conservative on criminal justice. Daniel, thank you. Here is the president. Everybody please have a seat of the many powers and responsibilities that the constitution vests in the presidency, few are more consequential than appointing a Supreme Court justice. Particularly one to succeed justice scalia. One of the most influential of our time. The men and wil that sit on the Supreme Court are the final arbitors of american law. They safe guard our rights. They ensure that our system is one of laws and not men. Theyre charged with the essential task of applying principles put to paper more than two centuries ago to some of the most challenging questions of our time. So this is not a responsibility that i take lightly. Its a decision that requires me to set aside shortterm expediency and narrow politics so as to maintain faith with our founders and perhaps more pornly with future generations and thats why over the past several weeks i have done my best to set up a rigorous and comprehensive process. We have reached out to every member of the Senate Judiciary committee, so constitutional scholars, to advocacy groups and bar associations representing an array of interests and opinions from all across the spectrum and today after completing this exhaustive process i made my decision. I selected a nominee thats widely recognized not only as one of americas sharpest legal minds but someone that brings to his work a spirit of decency, modesty, integrity, even handedness and excellence. These qualities and his long commitment to Public Service earned him the respect and admiration of leaders from both sides of the aisle who will bring that same care to bear on the Supreme Court. An institution in which he is uniquely prepared to serve immediately. Today i am nominating chief judge Merrick Brian Garland to join the Supreme Court. [ applause ] now in Law Enforcement circles and the Legal Community at large judge garland needs no introduction but i would like to introduce him to the American People he already serves. He was born and raised in my hometown of chicago. In my home state of illinois. His mother volunteered in the community. His father ran a Small Business out of their home. Inheriting that work ethic merrick became valedictorian of his high school. He earned a scholarship to harvard where he graduated suma cume lade. He worked as a tudor and stocking shoes at a shoe store and by selling his comic book collection. Thats tough. Been there. Merrick graduated from harvard law and the early years of his legal career bear all the traditional marks of excellence. He clerked for two judicial appointees. First for judge Henry Friendly and then for Supreme CourtJustice William brennan. Following his clerk ships he joined a highly regarded law firm with a practice focused on pro bono representation of disadvantaged americans. Within four years he earned a partnership. The dream of most lawyers but in 1989 just months after that achievement, merrick made an unusual career decision. He walked away from a comfortable and lucrative law practice to return to Public Service. Merrick accepted a job as a federal prosecutor. Took a 50 pay cut. Traded in his elegant Partners Office for a windowless closet that smelled of stale cigarette smoke. This was a time when crime in washington reached epidemic proportions and he wanted to help and made a name for himself going after corupt politicians and violent criminals. His Sterling Record as a prosecutor led him to the Justice Department where he oversaw some of the most significant prosecutions in the 1990s including overseeing every aspect of the federal response to the Oklahoma City bombing. In the aftermath of that act of terror, 168 people, many of them small children were murdered, merrick had one evening to say goodbye to his own young daughters before he boarded a plane to Oklahoma City and he would remain there for weeks. He worked side by side with first responders, rescue workers, local and federal haw enforcement. He lead the investigation and supervised the prosecution that brought timmy mcvey to justice. But perhaps most important is the way he did it. Throughout the process, merrick took pains to do everything by the book. When people offered to turnover evidence voluntarily he refused taking the harder route of obtaining the proper subpoenas instead because he would take no chances that someone that murdered innocent americans might go free on a technicality. America also made an effort to reach out to the victims and their families updating them frequently on the cases progress. Everywhere he when he carried the program from the Memorial Service with each of the victims names inside. A constant reminder of why he had to succeed. Judge garland often referred to his work on the Oklahoma City case, and i quote, the most important thing i have ever done in my life and through it all he never lost touch with that community that he served. Its no surprise, then, that soon after his work in Oklahoma City, merrick was nominated to whats often called the Second Highest Court in the land. The d. C. Circuit court. During that process, during that confirmation process he earned overwhelming bipartisan praise from senators and legal experts alike. Republican senator hatch who was then chairman of the Senate Judiciary committee supported his nomination. Back then he said in all honesty i would like to see one person come to this floor and see one reason why Merrick Garland does not deserve this position. He accused fellow republicans of trying to obstruct his nomination as playing politic with judges and he has since said judge garland would be a consensus nominee for the Supreme Court that would be supported by all sides and no question that merrick would be confirmed with bipartisan support. Ultimately merrick was confirmed to the d. C. Circuit. The Second Highest Court in the land. With votes from a majority of democrats and a majority of republicans. Three years ago he was elevated to chief judge and in his 19 years on the d. C. Circuit, judge garland has brought his trademark diligence, compassion, and unwaivering regard for the rule of law to his work. Now Circuit Court known for strong minded judges on both ends of the spectrum, judge garland earned a track record as a thoughtful, fair minded judge that follows the law. He has shown a rare ability to bring together odd couples, assemble unlikely coalitions, persuade colleagues with wide ranging judicial philosophies to sign on to his opinions and this record on the bench speaks, i believe to judge garlands fundamental temperament. His insistence that all views deserve a respectful hearing. His habit, to borrow a phrase from former Justice John Paul stevens of understanding before disagreeing. And then disagreeing without being disagreeable. It speaks to his ability to persuade. To respond to concerns of others with sound arguments and airtight logic. As his former colleague on the d. C. Circuit and our current chief justice of the Supreme Court john roberts once said any time judge garland disagrees you know youre in a difficult area. At the same time chief judge garland is more than just a legal mind. He has a keen understanding that justice is about abstract legal theory. More than a footnote in a dusty case book. His life experience, his experience in places like Oklahoma City informs his view that the law is more than an intellectual exercise. He understands how law effects the daily reality of peoples lives in a big complicated democracy and rapidly changing times and throughout this runs a common thread. A dedication to protecting the basic rights of every american a conviction that powerful voices must not be allowed to drown out the voices of every day americans. To find someone with such a long career of Public Service marked by complex and sensitive issues. To find someone that just about everyone not only respects but genuinely likes, that is rare and it speaks to who Merrick Garland is not just as a lawyer but as a man. People respect the way he treats others. His genuine courtesy and respect for his colleagues and those that come before his court. They admire his civic mindedness. Mentoring his clerks throughout their careers. Urging them to use it to serve their communities. Setting his own example by tudoring a young student each year for the past 18 years. Theyre moved by his deep devotion to his family. His wife of nearly 30 years and their two daughters becky and jesse. They indulge their love of hiking and skiing and canoing and their love of america by visiting our national parks. People respect his deep and abiding passion for protecting our most basic constitutional rights. Its a passion im told that manifested itself at an early age and one story is indicative of this. Its notable. As valedictorian of his High School Class he had to deliver a commencement address. The other student speaker that day spoke first and unleashed a critique of the vietnam war. Fearing the controversy that might result several parents decided to unplug the sound system and the rest of the students speech was muffled and he didnt agree with the tone of his classmates remarks nor his choice of topic for that day but stured by the sight of a fellow students choice being silenced he tossed aside his prepared remarks and delivered a passionate and promptu defense of our First Amendment rights. It was the beginning of a life long career as a lawyer and prosecutor and as a judge devoted to protecting the rights of others and he has done that work with decency and humanity and common sense and a common touch and im proud that he will continue that work on our nations highest court. I said i would take this process seriously and i did i chose a serious man and judge. Over my seven years as president in all of my conversations as senators from both parties in which i asked their views on qualified Supreme Court nominees. This includes the previous two seats that hi to fill. The one name that has come up repeatedly from republicans and democrats alike is Merrick Garla garland. Now i recognize that we have entered the political season or perhaps these days it never ends. A political season thats more noisier and volatile than usual. Republicans will point to democrats that made it hard for republican president s to get their nominees con if i recalled. And theyre not wrong about that. Theres been politics involved in nominations in the past. Although it should be pointed out that in each of those instances democrats ultimately confirmed a nominee put forward by a republican president. I also know that because of Justice Scalias role on the court and in american law and americans are divided on a number of issues before the court it is tempting to make this confirmation process an extension of our divided politics. The squabbling going on in the news every day. But to go down that path would be wrong. It would be a betrayal of our best traditions. And a betrayal of the vision of our founding documents. And at a time when our politics are so polarized. At a time when norms and customs of political rhetoric and curtesy and comedy are often treated like theyre disposable, this is precisely the time when we should play it straight and treat the process of appointing a Supreme Court justice with the care it deserves. Our Supreme Court really is unique. Its supposed to be above politics. It has to be and it should stay that way. To suggest that someone as qualified and respected as Merrick Garland doesnt even deserve a hearing let alone an up or town vote to join an institution as important as our Supreme Court when 2thirds of americans believe otherwise, that would be unprecedented. To suggest that someone who has served his country with honor and dignity with a distinguished track record of delivering justice for the American People might be treated as one republican leader stated as a political pinata, that cant be right. Tomorrow judge garland will travel to the hill to begin meeting with senators oneonone. I simply ask republicans in the senate to give him a fair he hearing and then an up or down vote. If you dont, then it will not only be an abdication of the senates constitutional duty but it will end a process for confirming and nominating judges that is beyond repair. It will mean everything is subject to the most partisan of politics. Everything. It will provoke an endless cycle and make it possible for any president democrat or republican to carry out their constitutional function. The reputation of the Supreme Court will inevitably suffer. Faith in our Justice System will suffer. Our democracy will suffer as well. I have fulfilled my constitutional duty. Mow its time for the senate to do theirs. President s to not stop working in the final year of their term. Neither should a senator. And the senate will take a break and leave town on recess for two weeks. My earnest hope is that senators take that time to reflect on the importance of this process to our democracy. Not whats expedient and not whats happening in the moment but what does this mean for our institutions . Fur our common life . The stakes, the consequences, the seriousness of the job we all swore an oath to do and when they return i hope that theyll act in a bipartisan fashion. I hope theyre fair. Thats all. I hope they are fair. As we did when they confirm Merrick Garland to the d. C. Circuit i ask that they confirm Merrick Garland to the Supreme Court so he can take his seat in time to fully participate in hi