Merrick Garland’s moderate views seen as harder for conservatives to oppose

Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia, can claim to be one of the American jurists most qualified to move up to the Supreme Court.

In his case, the promotion would involve moving a just few blocks away on Capitol Hill.

But both physically and politically, his path to the Supreme Court must now pass through the U.S. Senate building. And whether he can complete the short trip remains unclear.

Garland, 63, is one of the most respected and best-liked judges in Washington, among Republicans as well as Democrats. And he has been seen as a potential Supreme Court nominee since the late 1990s.

President Obama considered Garland for the high court previously, but wanted to keep him in reserve in case Democrats lost the Senate majority and Obama needed a nomination that Republicans would have difficulty defeating.

Instead, Obama in previous battles nominated Sonia Sotomayor and Elena Kagan, younger judges seen as more left-leaning.

In 2014, Republicans took the Senate majority, and on Wednesday the president decided the current tough political climate meant it was time to finally bring out Garland’s nomination.

At 63, Garland was seen by some as too old for the high court, because presidents nowadays typically prefer to elevate younger judges who can have an impact for several decades. If confirmed, he would be the oldest justice in four decades.

The D.C. circuit court handles mostly regulatory disputes, not controversies such as abortion, the death penalty or gay marriage that divide the Supreme Court.

And in most such cases, Garland can be counted upon to uphold government regulations against industry challenges in areas such as environmental protection, consumer protections or worker’s rights. He also usually votes to uphold criminal convictions.

Until recently, Republican appointees held the majority on the D.C. circuit.

Garland, a moderate-to-liberal jurist, found a way to work with them, often by crafting narrow opinions. He asks probing questions of lawyers, but in a courteous manner. And his opinions are careful and moderate in tone.

Previously Garland was a top lawyer in the Justice Department in the Clinton administration, and he led the team that investigated and prosecuted Oklahoma City bomber Timothy McVeigh.

In many ways, Garland fits with what Obama said he was looking for to replace the late Antonin Scalia.

“First and foremost, the person I appoint will be eminently qualified,” Obama said. “I’m looking for a mastery of the law.”

Twitter: @DavidGSavage