Supreme Court nominee Merrick Garland is in the unenviable position of having everyone in Washington saying nice things about him. There are two occasions when that is common: a judicial nomination going no where and eulogy. For Garland, it may be both. The Senate Republicans have already said that Garland will not receive a hearing, let alone a vote, before the inauguration of the next president. For attorney Steven Michel, that is too long. Michel has filed an action in federal court demanding a judicial order to force the Senate to take up the Garland nomination. Despite my agreement that Garland should receive a vote, the lawsuit is meritless in my view. The Senate clearly has the authority to withhold consent by refusing a hearing or a vote to a nominee.
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