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Harvard Law Dean Praises Merrick Garland’s Supreme Court Nomination (audio)
Perhaps no one in the Boston area was watching as President Obama announced his Supreme Court nominee with more anticipation than the people at Harvard Law School...Martha Minow
, dean of Harvard Law School, remembers him in his days in private practice in Washington and says Garland has served as her informal advisor. Minow joined WBUR’s All Things Considered
to discuss the nomination.
Justice in moderation
Gearing up for what will likely be a major political battle, on Wednesday President Obama, J.D. ’91, nominated Merrick B. Garland ’74, J.D. ’77, to fill the U.S. Supreme Court vacancy left by the death of influential Associate Justice Antonin Scalia, L.L.B. ’60, last month....Laurence H. Tribe
, the Carl M. Loeb University Professor and Professor of Constitutional Law at HLS, discussed the nomination with the Gazette via email, along with the upcoming clash between the Obama administration and the Republican-led Senate Judiciary Committee, many of whose members want the next president to fill the court seat...TRIBE: Merrick Garland is a brilliant jurist whom I’ve known well and admired greatly ever since he was my student in advanced constitutional law in 1975-76.
LISTEN: Harvard Law Professor Noah Feldman On Merrick Garland’s SCOTUS Nomination (audio)
Supreme Court nominee Merrick Garland is a graduate of both Harvard University and Harvard Law School. Harvard Law professor Noah Feldman
spoke with WGBH All Things Considered host Barbara Howard about Garland's reputation at Harvard and the chances of his nomination to the nation's highest court being confirmed.
Obama’s Pick Would Help the Court. (Liberal Causes, Not So Much.)
An op-ed by Cass Sunstein.
In the current era, it’s probably impossible to find a nonpartisan choice for the Supreme Court. But if you did a national search for one, hoping to find a judge’s judge, known above all for caution and humility, there’s a good chance that you’d settle on Merrick Garland...No one should doubt that in terms of the future arc of the law, replacing Antonin Scalia with Garland would greatly matter. But it’s important to see exactly why. Above all, he would be a stabilizing force on the court, promoting continuity rather than large-scale change.
A Standout Student At Harvard, Garland Preserved Deep Ties To His Alma Mater
President Obama’s nominee to the Supreme Court, Merrick Garland, is expected to meet with several U.S. senators on Capitol Hill Thursday, where Republicans have promised to block any confirmation hearing. Garland, who is currently chief justice of the Circuit Court of Appeals in the District of Columbia, has maintained a strong bond with Harvard — where he attended both undergrad and law school. If confirmed, Merrick Garland would be the 20th Harvard Law School graduate on the nation’s highest court. That number is twice as many as Yale, which has had 10 graduates on the court. Professor Richard Lazarus
was in his office at Harvard Law School watching on his computer as the president of the United States nominated his friend, Garland, for a seat on the Supreme Court...“He was also a leader when he was here as a student,” said Lazarus...Martha Minow
, dean of Harvard Law, said Garland “makes even hard conversations better.” “He is someone who cuts to the heart of the matter, but listens very hard to all points of view,” she continued. “And in addition, he has a great sense of humor.”
Obama Makes a Smart Bet for the Supreme Court
An op-ed by Noah Feldman.
Merrick Garland is the safest possible pick for President Barack Obama. Extraordinarily well-qualified, moderate and often pro-prosecution, Garland has been considered a potential Supreme Court nominee almost since Bill Clinton put him on the U.S. Court of Appeals for the D.C. Circuit, in 1997. But if he isn’t confirmed, it isn’t a permanent loss for Democrats. Sri Srinivasan, his much younger near-clone, will still be waiting in the wings as a confirmable moderate Democratic back-up.
The Boston Herald
Obama nominates Merrick Garland for Supreme Court, readies for fight
President Obama has selected moderate federal appellate judge Merrick Garland to fill the Supreme Court vacancy left by last month’s sudden passing of Justice Antonin Scalia, the White House has confirmed, setting up an epic battle with Republicans who have vowed not to hold a vote on any nominee. ..."Judge Garland is a brilliant jurist whom I've admired ever since he was my constitutional law student," Harvard Law professor Laurence H. Tribe
, a foremost scholar on constitutional law who had Garland as a student, told the Herald in an email this morning. "His modesty, humility, and moderation make him a particularly suitable choice for these divided times."
Environment & Energy News
Garland nomination makes uphill political battle personal
President Obama has put a face on the epic election-year Supreme Court battle: Merrick Garland...."Garland has earned a well-deserved reputation as a jurist who is a complete straight-shooter, who comes to his cases, including environmental law cases, without a preconception of preferred outcome," said Harvard Law School professor Richard Lazarus
. "He has proven repeatedly that he is open to giving all claims a meaningful hearing," Lazarus said. "Given that the justice he would be replacing, Antonin Scalia, was known for his heightened skepticism of environmental protection laws and their citizen suit enforcement, a Justice Garland would clearly make a difference for environmental law cases before the Supreme Court."
WBUR Radio Boston
President Obama Nominates Merrick Garland To The Supreme Court (audio)
President Obama announced his nomination to the high court is Merrick Garland, currently the chief judge of the D.C. Circuit Court of Appeals...Judge Nancy Gertner
, senior lecturer at Harvard Law School and former Massachusetts federal judge.
Obama’s Climate Challenge
An article by Jody Freeman (registration required):
In February 2016, the U.S. Supreme Court made an extraordinary decision. It temporarily suspended the implementation of President Barack Obama’s signature climate change initiative—the Clean Power Plan—which requires coal- and gas-fired power plants, the largest source of U.S. carbon pollution, to cut their emissions for the first time. At the Paris climate talks just two months prior, nearly 200 nations pledged to mitigate their greenhouse gas emissions using a variety of domestic policies. Obama’s plan had become a crucial part of the United States’ strategy for meeting its own commitment in Paris: to reduce greenhouse gas emissions by up to 28 percent by 2025, compared to 2005 levels.
Why Justice Scalia’s Reputation Will Fade
An op-ed by Mark Tushnet.
Several weeks have passed, and with the President having nominated Merrick Garland as Justice Scalia’s replacement, it might be easier to offer a somewhat more detached view of Justice Scalia’s likely place in Supreme Court history than was possible immediately after his unexpected death. Comments from his colleagues make it clear that, on the level of personal interaction, Justice Scalia was a genial man, easy to get along with (although the documentary record does show that he and retired Justice O’Connor set each other’s teeth on edge on a regular basis). From the point of view of those of us outside the Court (I should mention that I met Justice Scalia only once, so far as I can recall, and even then had quite limited contact with him), this raises questions about how we should think about the relation between personal qualities and contributions to the law and to the institution of the Supreme Court. Those questions are pertinent because, in my view, along several dimensions Justice Scalia’s contributions were negative, so to speak. That is, overall, his work as a Justice over an extended period made the nation worse off than it might have been.
The Law is Clear: The FBI Cannot Make Apple Rewrite its OS
An op-ed by Susan Crawford.
Every once in a while, President Obama removes his Law Professor in Chief hat and puts on his I Get Terrifying Briefings Every Day hat. Last week at SXSW, as he delivered general remarks about the encryption debate, he tried to sound reasonable and professorial: “We recognize that just like our other rights — freedom of speech, freedom of religion, et cetera — that there are going to be some constraints that we impose in order to make sure that we are safe, secure, and, uh, living in a civilized society,” he said, repeatedly making an embracing gesture with his palms. Symbolically keeping us safe, encircling us with his hands, the father of Malia and Sasha blinked a bit rapidly as he said this. The president must have known that the FBI was on shaky legal ground when he spoke in Austin this past week. But he had clearly decided well before getting on stage that he would side with the people telling him that the world is an increasingly terrifying place. Law would have to give way.
The Law Makes It Easier to Traffic Teens for Sex
An op-ed by Noah Feldman.
Can a judicial decision be both tragic and correct? Yes, as the U.S. Court of Appeals for the First Circuit showed yesterday when it upheld the dismissal of claims by underage girls who were victims of sex trafficking facilitated by the website Backpage.com. The court acknowledged that the young women had made “a persuasive case” that the company “tailored its website to make sex trafficking easier.” Yet it applied the federal Communications Decency Act that essentially shields apps or websites from liability for third-party material published using their platforms. The court concluded that the suit against Backpage couldn’t continue.
The Daily Beast
Was Harvard Law School’s Shield Racist Enough To Change?
Harvard Law School is acting swiftly in the wake of its decision Monday to retire the school’s official symbol, adopted in 1936, because of its ties to a slave-owning benefactor...“It was very important that the committee showed a substantial will to deepen our engagement with the Isaac Royall legacy and contemporary issues of racial justice,” Janet Halley
, the Royall Professor of Law, told The Daily Beast.
Halley stressed that while the symbol will be expunged, the Royall family legacy will not.