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this post was submitted on 29 Feb 2024
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You know, that’s pretty interesting to consider. Wonder what his performance as AG can tell us about how he would have been on SCOTUS.
Maybe we can still find out, if Biden admin resizes the court. Is it too late to do so before the presidential immunity hearing?
I think Biden had said long ago that he wouldn't do that no matter what; in this political environment it probably wouldn't happen anyway.
By the way, appellate courts sit right below the U.S. Supreme Court and there are currently 13 of them.
Some legal experts argue there should be one supreme court justice per appellate court, because that was the ratio when the appellate court system was first established in 1891 -- nine supreme court justices and nine appellate courts.
Garland was Obama's compromise choice to make it through the Republican Senate. Before the pick was made, one Senator (might have been Graham, but I can't find a quote right now) specifically said that that he thought Obama's pick would be DoA, because it would be too liberal, and not a more acceptable, centrist choice like Merrick Garland.
That's what prompted McConnell (and Graham, who was Judiciary Chairman IIRC) to simply sit in the nomination and not allow it to progress. Because they knew that if it were sent to a vote, it would have passed, and gambled on having the open seat drive turnout for Trump.
It Garland was on the court instead of Gorsuch, things might not be all that much different. Recall that Dobbs was decided 6-3, which means that, all other things being equal, Gorsuch's vote was unnecessary.