Lewis powell was 64 when nominated in 1962. In the modern era of the court, thats the oldest nominee thats been confirmed. I think his age is certainly part of the politics of the situation. Its an implicit statement to Senate Republicans confirm my 63yearold nominee now during president obamas year in office for prepare for Hillary Clinton to nominate somebody who may be in his or her 40s. Thats the tradeoff that Senate Republicans are facing. It certainly seems at the moment that they are happy to just kick the can down the road, think that a republican may be elected president , something that has happened. They have put their line in the sand about this nominee. So this is a very interesting ceremony coming up. But the idea that Merrick Garland will be on the Supreme Court anytime, perhaps ever, seems remote. Thats a fair point. Dana, you spent time looking at the various contingencies out there. It seems extremely doubtful after all the public comments, since antonins sudden death, that they are going to change their mind at all. This is going to be a nice ceremony but it probably wont be much more than that. That would be an aboutface of Epic Proportions at this point. And talking to the republicans up until the time i came on with you, it doesnt seem like theres any desire to change. In fact, one Senior Senate republican, who i just spoke with, said that their take on it is that the president knows he has no chance, which is why he nominated garland for a couple of reasons. One, as manu mentioned, Chuck Grassley voted against garland back when he was coming to the senate for a confirmation on the bench where he currently is. But not just him, Mitch Mcconnell, the Senate Majority leader also voted against garland. So you have those two that kind of precedent. In addition to the fact that they are already pointing to some important cases that make republicans very upset on detainees and on guns that, from their perspective, even in the best of worlds, even in not an election year, that would have made him, they insist, a tough an energetic debate about his nomination. I dont see any movement on that and, as i said earlier, i spoke to lindsey graham, a senator on the Judiciary Committee who said that he has said to the president , even if he picked me, lindsey graham, i would lead the charge against me because you are the one who picked me in an election year. So i think that sums it up. And douglas brinkley, one of the points that has been illustrated in terms of the republican senates unwillingness to hold hearings, a few weeks ago when the democratic leader leaked the name of brian sandoval, republicans were like, we dont care if its going to be a republican governor. Were not holding hearings. So a progressive moderate like Merrick Garland is not a surprise that they are still not willing sg no. They are not willing. And Merrick Garland is a very fine choice by president obama. Its one that is sort of understandable on a number of levels. I think Jeffrey Toobin said that by picking somebody in guys, i need to interrupt. President obama is stepping to the stage. 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 jurists of our time. The men and women who sit on the Supreme Court are the final arbitrars of our law. They safeguard our rights and ensure that our system is one of laws and not many. They are 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 important importantly, with future generations. And thats why, over the past several weeks, ive done my best to set up a rigorous and comprehensive process. Weve reached out to every member of the senate Judiciary Committee to constitutional scholars, to advocacy groups, to bar associations representing an array of interests and opinions from all across the spectrum. And today, after completing this exhaustive process, ive made my decision. Ive selected a nominee who is widely recognized, not only as one of americas sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, evenhandedness and excellence. These qualities and his long commitment to service have earned him the respect and admiration of leaders from both sides of the aisle. He will ultimately bring that same character to bear on the Supreme Court. An institution in which he is u fe ne uniquely prepared to serve. Today im nominating Merrick Garland to join the Supreme Court. [ applause ] now, in Law Enforcement circles and in the Legal Community at large, judge garland needs no introduction. But id like to take a minute to introduce merrick to the people whom he already so ably serves. He was born and raised in the land of lincoln, in my home town of chicago, in my home state of illinois. His mother volunteered in the community, his father ran a Small Business out of their home inherenting that work ethic, he became valedictorian of his high school and graduated from harvard and put himself through Harvard Law School by working as a tutor, by stocking shoes in a shoe store and in what is always a painful moment for any young man, by selling his comic book collection. Its tough. Been there. Merrick graduated from harvard law and the early years of his legal career bear all of the marks of excellence. He clerked for two president eisenhowers appointees, first for judge Henry Friendly and then for Supreme CourtJustice William brennan. Following his clerkships, merrick joined a highly regarded law firm, practice focused on disadvantaged americans. Within four years, he earned a partnership. The dream of most lawyers. But in 1989, just months after that achievement, merrick made a highly unusual career decision. He walked away from a comfortable and lucrative law practice to learn to Public Service. Merrick accepted a lowlevel job as a federal prosecutor in president george h. W. Bushs administration. He 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 here in washington had reached epidemic proportions and he wanted to help and he quickly made a name for himself going after corrupt 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. The aftermath of that act of terror, when 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 Law Enforcement. He led the investigation and supervised the prosecution that brought Timothy Mcveigh 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 turn over evidence voluntarily, he refused, taking the harder route of obtaining the proper subpoenas instead because merrick would take no chances that someone who murdered innocent americans might go free on a technicality. Merrick also made a concerted effort to reach out to the victims and their families, updating them frequently on the cases progress. Everywhere he went, he carried with him in his briefcase the program from the Memorial Service with each of the victims names inside. A constant, searing reminder of why he had to succeed. Judge garland has often referred to his work on the Oklahoma City case as 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 overwhelmi overwhelming bipartisan praise from legal experts alike. Republican senator orrin hatch, who was then chairman of the senate Judiciary Committee supported his nomination. Back then he said, in all honest tea, id like to see one person come to this floor and say one reason why Merrick Garland does not deserve this position. He actually accused fellow Senate Republicans trying to obstruct merricks confirmation of playing politics with judges. And he has since said that judge garland would be a consensus nominee for the Supreme Court, who would be very well supported by all sides and there would be no question merrick would be confirmed with bipartisan support. Ultimately, merrick was confirmed to the d. C. Circuit. 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 unwavering regard for the rule of law to his work. On a Circuit Court known for strongminded judges on both ends of the spectrum, judge garland has earned a track record of building consensus as a thoughtful, fairminded judge who follows the law. Hes shown a rare ability to bring together odd couples, a symbol unlikely coalitions. And this record on the bench speaks, i believe, to judge garlands 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. That speaks to his ability to persuade, to respond to the 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, anytime judge garland disagrees, you know youre in a difficult area. At the same time, chief judge garland is more than just a brilliant legal mind. Hes someone who has a keen understanding that justice is about more than abstract legal theory, more than some footnote in a dusty casebook. His Life Experience, his experience in places like Oklahoma City, informs his view that the law is more than an intellectual exercise. He understands the way law affects the daily reality of peoples lives in a big, complicated democracy and in rapidly changing times. And throughout his Juris Prudence runs a common thread, a dedication to protecting the basic rights of every american, a conviction that in a democracy, powerful voices may 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 who 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 who come before his court. Admire his civic mindedness, mentoring his clerks throughout their careers, urging them to use their Legal Training to serve their communities, setting his own example by tutoring a young student at a north d. C. Elementary school each year for the past 18 years. They are moved by his deep devotion to his family. Lynn, his wife of nearly 30 years, and their two daughters, becky and jesse. As a family, they indulge their love of hiking and skiing and canoeing and their love of america by visiting our national parks. People respect merricks deep and abiding passion for protecting our most basic constitutional rights. Its a passion im told that manifested itself at an early age and stories 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 unleashed a fiery 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. Merrick didnt necessarily agree with the topic for the day but stirred by the sight of a fellow students voice being silenced, he tossed aside his prepared remarks and delivered, instead, on the spot a passionate and impromptu defense of our First Amendment rights. It was the beginning of a lifelong career as a lawyer and a prosecutor and as a judge devoted to protecting the rights of others. And he has done that work with decency and humanity and commonsense 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 an exemplary judge, Merrick Garland. In all my conversations with both parties in which i asked their views on qualified Supreme Court nominees, this includes the previous two that i had to fill. The one name thats come up repeatedly from republicans and democrats alike is Merrick Garland. Now, i recognize that we have entered the political season or perhaps these days that never end. A political season that is even noisier and more volatile than usual. I know that republicans will point to democrats who have made it hard for republican president s to get their nominees confirmed. And they are 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 outside role in the court and in american law and the fact that americans are closely divided on a number of issues before the court, it is tempting to make this confirmation process simply an extension of our divided politics. The squabbling thats 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. At a time when our politics are so polarized, at a time when norms and customs and political rhetoric and courtesy are so often treated like they are disposable, this is precisely the time when we should play it straight. And treat the process of appointing a Supreme Court justice with the seriousness and care it deserves. Because 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 is qualified and respected as Merrick Garland doesnt even deserve a hearing, let alone an up or down vote, to join an institution as important as our Supreme Court, when twothirds 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 one on one. I simply ask republicans in the senate to give him a fair hearing. And then an up or down vote. If you dont, then it will not only be an abducation of the senates constitutional duty, it will begin a process that is beyond repair. It will mean everything is subject so the most partisan of politics. Everything. It will provoke an endless cycle of more tit for tat and make it increasingly 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 inevitably suffer. Our democracy will ultimately suffer as well. I have fulfilled my constitutional duty. Now its time for the senate to do theirs. President s do not stop working in the final year of the