The Wall Street Journal reports: “President-elect Joe Biden intends to tap Merrick Garland as his nominee for attorney general, selecting a widely respected jurist and experienced prosecutor to steady a Justice Department rocked by years of political storms, people familiar with the matter said.”
Yeah, he’s great.
A brilliant Harvard graduate, Garland is friends with Barack Obama and John Roberts and he has clerked for the outspoken Progressive Justice Brennan. Senator Lee of Utah, who has clerked in the Supreme Court, described Garland as a Progressive Liberal when Garland was considered for the Court.
Judge Garland was appointed to the bench by Democratic President Bill Clinton in 1997, winning Senate confirmation by a vote of 76-23. Prior to that, he served in the Justice Department during the Clinton administration.
HE’S ANTI-GUN, ANTI-HELLER
There is one very important decision Garland would probably reverse if he can.
There is evidence that Garland would work to reverse D.C. vs. Heller, which affirmed that the Second Amendment confers an individual right to keep and bear arms, and which stands as Justice Scalia’s legacy.
Garland’s record regarding gun control points to his voting to pave the way for stricter gun laws in D.C.. Garland’s decision marked a major turning point in restrictions that would prevent gun ownership for those seeking handguns as protective tools for self-defense.
JCN chief counsel Carrie Severino said in a National Review Online post that Judge Merrick’s record on the bench since 1997 “leads to the conclusion that he would vote to reverse one of Justice Scalia’s most important opinions, D.C. vs. Heller, which affirmed that the Second Amendment confers an individual right to keep and bear arms.”
There is also Garland’s 2000 decision in NRA v. Reno. In that case, the National Rifle Association fought against the retention of background check information that is collected when people legally purchase guns. The NRA argued that the information was required to be immediately destroyed under the Brady Act. Then-Attorney General Janet Reno’s position was that it was necessary and allowed under the act to retain the data for six months in order to audit the background check system. Garland ruled in Reno’s favor, stating that her interpretation of the Brady Act was reasonable.
Merrick Garland was the favorite Supreme Court nominee of the socialist/communist, Soros-funded MoveOn. Garland has been exposed as a radical environmental-EPA activist; he is supportive of gun control and planned parenthood.
HE’S A GREEN MOVEMENT RADICAL
While serving in the D.C. Circuit Court of Appeals, Chief Judge Merrick Garland has stood with the EPA almost 100% of the time!
As my readers know, Obama’s radical clean power plan was facing a multi-state challenge in the courts.
Garland ruled in favor of the EPA and the environmental lobby and usually wrote the court’s opinion as well!
The Haze Rule
In 2002, in the American Corn Growers Association v. EPA, the D.C. Circuit Court struck down an EPA haze rule.
The ruling upheld the goal of the 1999 rule that requires states to cut emissions for returning parks to “natural visibility.” But the court determined requiring states to use the best available technology to do so was overly burdensome and inconsistent with the Clean Air Act, which granted more flexibility for states.
Garland was the lone dissenter, arguing that The Clean Air Act delegates authority to the EPA to make such judgments on reducing pollution.
The haze rule would have forced businesses to “spend millions of dollars on new technology that will have no appreciable effect.”
In the case of Rancho Viejo v Norton in 2003, the United States Fish and Wildlife Service had determined that Rancho Viejo’s construction plan was likely to jeopardize the continued existence of the arroyo southwestern toad, which the Secretary of the Interior listed as an endangered species.
The government presented its case under the Commerce Clause.
Roberts said that he doubted that “regulating the taking of a hapless toad that, for reasons of his own, lives its entire life in California constitutes regulating ‘commerce…among the several states’.”
Garland is a loon.
The EPA constantly uses the Endangered Species Act to steal and control private land. Communists don’t believe in the private ownership of property.