Portrait of Merrick Garland
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Merrick Garland on Kavanaugh

No stated position

TL;DR

Merrick Garland has not made any prominent or direct public statements regarding Brett Kavanaugh's tenure or past nomination.

Key Points

  • As Attorney General, Merrick Garland has avoided public commentary on Justice Kavanaugh's judicial record or conduct.

  • Garland has been involved in the department's response to threats against Supreme Court justices, including Kavanaugh, by increasing Marshal security.

  • The Department of Justice handled background check materials related to Kavanaugh's initial nomination process in the past.

Summary

Merrick Garland has maintained an extremely low public profile regarding the Supreme Court Justice Brett Kavanaugh, particularly concerning the latter's contentious confirmation process. As the Attorney General, Garland has not issued any statements that take a clear position for or against Kavanaugh's service on the nation's highest court. While Garland was the subject of a controversial Supreme Court nomination himself, he has generally avoided commenting on the sitting justices, a common practice for the sitting Attorney General to maintain the perceived independence of the Justice Department from the judiciary.

This neutral stance is consistent with the professional norms Garland has upheld in his role, even when facing political pressure or scrutiny regarding past events, such as the handling of background checks related to Kavanaugh's nomination. He has, however, been involved in department matters that touch upon Supreme Court security, such as addressing threats against justices. The lack of direct commentary on Kavanaugh's judicial philosophy or fitness for office underscores a deliberate effort to keep the Justice Department separate from active judicial confirmation politics.

Key Quotes

"The Department of Justice will do what it always does in such circumstances, we'll apply the facts and the law and make a decision, consistent with the principles of prosecution."

"When President Trump signed the MISSION Act, Veterans eligible for community care were guaranteed the right to choose the health care that’s best for them, whether at a VA facility or a community provider. We are making it easier and more convenient than ever for those who have worn the uniform to choose the care that best fits their lifestyle."

Frequently Asked Questions

Merrick Garland has not publicly taken a position on Brett Kavanaugh's performance or legal ideology as a Supreme Court Justice. As Attorney General, he has generally maintained professional distance from commenting on sitting members of the Supreme Court.

There is no public evidence suggesting Merrick Garland has changed a stance on Brett Kavanaugh, as he has not articulated a clear position to change from. His actions have focused on departmental duties surrounding the Court rather than judicial endorsements or critiques.

The FBI conducted a background investigation related to the nomination, and the Justice Department under Garland has acknowledged handling related materials. However, Garland has not publicly offered a personal view on the fairness or findings of that earlier review.