Richard Friedman, the Alene and Allan F. Smith Professor of Law, is an expert on evidence and U.S. Supreme Court history.

In a rational world, confirmation of Merrick Garland to the Supreme Court would be an easy call. He is immensely well qualified, he is a person of moderate views and what has sometimes been called a “judicial temperament,” and – a fact that is of significance given that this is an election year and the President and Senate are of opposite parties – he is older than any recent nominee to the Supreme Court. Indeed, if the President and the Senate leadership were to bargain about how the nominee should be, it is likely that they would have come up with Judge Garland as a choice. Senate Republicans should carefully consider the possibility that, if they stonewall this nomination, a more Democratic Senate may wind up confirming a younger and more liberal nominee next year.

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