WASHINGTON — Sen. Chris Murphy on Wednesday met with embattled Supreme Court nominee Merrick Garland and issued a “what goes around comes around’’ warning to Republican senators blocking the nomination so that the next president can make the selection.
“This is unacceptable,’’ Murphy, D-Conn., told reporters on a conference call with reporters after the meeting in his office here, which lasted a bit under an hour. “Never before has the Senate refused to consider a nomination for the Supreme Court.’’
Senate Democrats should “continue to raise holy hell’’ about the GOP blockade on filling the seat once occupied by Justice Antonin Scalia, who died abruptly in February.
But if Republicans succeed, “there’s no going back,’’ Murphy said, signaling that a Democratic Senate similarly could block a future nominee of a Republican president. “After you set a precedent, it’s very tempting to hold to it.’’
Murphy’s meeting with Garland came on the same day the presumptive GOP presidential nominee, Donald Trump, released a list of 11 conservative federal and state judges that, if elected, he’d consider to fill the Scalia vacancy.
Murphy said that in his meeting with Garland, he discussed the role of the Supreme Court in overriding the will of Congress in campaign finance reform. He was referring to the court’s Citizens United decision in 2010 that critics say opened the floodgates of corporate and union cash in politics.
Murphy said he also talked to Garland about a code of ethics for Supreme Court justices and making sure that criminal defendants have access to legal counsel even in the face of state and local budget cuts.
“I would expect to vote for him,’’ Murphy said. “Today certainly confirmed my belief that he’s a smart choice and would be a great Supreme Court Justice.”
Republicans, Murphy added, won’t allow a confirmation hearing for Garland because “they know how capable and personable he is, and they’re afraid if he gets in front of the cameras (at a Senate hearing), the public will call for his confirmation.’’
Also on Wednesday, Rep. Elizabeth Esty, D-Conn., and five other House Democrats introduced legislation aimed at forcing the Senate to consider and vote on the Garland nomination by July 19, which would be 125 days after President Obama nominated Garland.
The SCOTUS resolution — with SCOTUS in this case standing not for the common Supreme Court acronym but rather “Senate’s Court Obligations Trump Unconstitutional Stalling’’ — is largely symbolic.
But Esty, in an interview, insisted it’s aimed at a very real problem.
“It may be viewed as ploy, but the consequences (of not confirming a ninth justice) are very clear for the country,’’ said Esty, noting a series of 4-4 decisions and compromises including one earlier this week that sidestepped a ruling on whether religiously affiliated organizations must acquiesce in accommodations for women employees to receive insurance covering reproductive health care.
“It is time to stop politicizing Supreme Court appointments,’’ Esty said. “The term of the president is four years, not three.’’
Esty added that she has known Garland for 30 years, dating back to the mid-1980s, when she was a young law school grad working at a Washington firm and her husband, Dan Esty, was a lawyer at another firm where Garland was a partner.
“I have a great deal respect for him,’’ she said. “I’ve been a big admirer of his career over the years.’’