Hoyer Remarks Urging Senate Republicans to Consider Supreme Court Justice Nominee Merrick Garland

WASHINGTON, DC – House Democratic Whip Steny H. Hoyer (MD) spoke on the House Floor today, calling on Senate Republicans to give Supreme Court Justice Nominee Merrick Garland fair consideration. Below is a transcript of his remarks and a link to the video: 

Click here for a link to the video.

"Mr. Speaker, on Wednesday, President Obama nominated Judge Merrick Garland to replace the great Justice Antonin Scalia on the Supreme Court of the United States. Judge Garland is an extraordinary, well-qualified candidate. Highly esteemed within the legal community, and highly accomplished as a prosecutor and appellate judge. He was [nominated] to the D.C. Circuit Court of Appeals in 1995 [and confirmed in 1997] by a vote of 76-23, with a majority of Republicans voting in favor of his confirmation. Indeed, an even larger number of Republicans said he was well-qualified. I will speak to that.

"Under normal circumstances, Judge Garland would now be sitting down this week for one-on-one meetings with Senators on both sides of the aisle in preparation for his confirmation hearings. But Senate Republicans, Mr. Speaker, unfortunately, have made it clear that they will not be operating under normal procedure. Instead, they are refusing even to meet with Judge Garland.

"Let me suggest they are refusing to do their duty. Their approach is inconsistent with the expectations of our founding fathers, and a disservice to the American people, to the Court, to American justice, and to the American people. And their justification has no basis in fact.

"Justice Anthony Kennedy, who sits now on the Court, was confirmed during the final years of President Reagan's second term. In fact, he's one of the 14 Justices in our history who have been confirmed during a presidential election year, including Lewis Brandeis and Benjamin Cardozo.

“So, Mr. Speaker, there is hardly precedent that a lame duck president must allow a Supreme Court vacancy to sit unfilled for months. We do not allow that for the House of Representatives and for the most part we don't allow it for the United States Senate. There is a time frame, indeed, in every state to fill seats in the House of Representatives so that the American people will be represented.

"To politicize this process is irresponsible and jeopardizes the proper functioning of our Court. In 1988, during the Kennedy confirmation process, President Reagan said, ‘the federal judiciary is too important to be made a political football’. I agree. And I hope that Senate Republicans would, too. Because we all know that their decision has nothing to do with Judge Garland's qualifications.

"Senator Hatch, a Republican from Utah, in 1997, called Judge Garland, ‘highly qualified’ and said, ‘his intelligence and scholarship cannot be questioned.’ When put forward for the D.C. Circuit Court, Judge Garland was cited by Senator Hatch as, ‘a fine nominee.’ Senator Hatch ultimately voted to confirm Judge Garland to the D.C. Circuit Court.

“While [Senator] Chuck Grassley, who chairs the Judiciary Committee in the Senate, also a Republican, opposed Judge Garland's nomination to the Circuit Court, it ought to be noted that it was only because he thought there were already too many judges on that bench, not because Judge Garland lacked qualifications. In fact, Senator Grassley made this clear by saying, ‘I have nothing against the nominee. Mr. Garland seems to be well-qualified and would probably make a good judge on some other court.’

"Senator Jeff Sessions, a conservative Republican from Alabama, agreed with Senator Grassley about too many judges on the Circuit Court and said of Judge Garland, ‘I would feel comfortable supporting him for another judgeship’ - i.e., although he didn't say this, but another judgeship would be a Justice on the Supreme Court of the United States.

"Now Senator Grassley and Senator Sessions have an opportunity to put Judge Garland on another court—one that has a vacancy needing to be filled. Our Founding Fathers set up a court of nine Justices, cognizant of the problem that would occur if there were a tie for four. That is the situation that exists today and can be remedied by the United States Senate now.

"Let's not play political games. If Republicans don't want Judge Garland on the Court, schedule a vote and cast their votes accordingly. Senate Majority Leader Mitch McConnell said just yesterday on ABC’s This Week, ‘Under the Constitution we have a shared responsibility. This is not something he, [referring to the President], does alone. He nominates. We confirm.’ That, of course, is absolutely accurate. But I would say to Senator McConnell, the President has met his responsibilities. Now it is time for the Senate to do so as well.

"Some Senate Republicans, Mr. Speaker, agree. Senator Mark Kirk of Illinois said on Friday, ‘cast a vote.’ The tough thing about these Senatorial jobs is you get to say yes or no in your vote. ‘Your whole job,’ Senator Kirk observed, ‘is to say either yes or no and explain why.’ That is democracy, that is responsibility.

“Furthermore, in February, Senator Susan Collins, Republican of Maine said, ‘I think the obligation of the Senate is to carefully consider any nominee whom the President submits. The best way to do that, in my judgment, is public hearings.’ Senator Collins was absolutely right.

"Under pressure from within their own ranks, Senate Republican leaders can only stall for so long before they must face up to their responsibility to give Judge Garland the fair hearing he deserves and the American people expect. I believe Judge Garland will make a fine Supreme Court Justice, Mr. Speaker. And I thank President Obama for selecting someone so ‘highly qualified, intelligent, and whose scholarship cannot be questioned. A fine nominee.’ All of those are Senator Hatch's words. I hope that he will be swiftly confirmed.

"Leaving the Supreme Court with the possibility of gridlock as we have seen the Congress at gridlock is not good for our country, not good for the American people, and does not serve our democracy well. Senator McConnell, hold hearings. Reflect upon Judge Garland's competency, intellect, and suitability to serve on the Supreme Court. Do your duty. I yield back the balance of my time."