President Biden’s nominee for attorney general, Judge Merrick Garland, will testify this morning before the the Senate Judiciary Committee.
Biden tapped Garland for the post last month. Though a confluence of factors drove the decision, people familiar with the matter say it largely rested on Biden’s belief that Garland can rise above politics in the post-Trump era.
Former President Barack Obama had nominated Garland to the Supreme Court after a vacancy was created by the death of Justice Antonin Scalia in 2016. But Republicans, led by then-Senate Majority Leader Mitch McConnell, refused for months to hold confirmation hearings or the required vote in the chamber.
When former President Trump took office, Garland’s nomination expired and he returned to his position as chief judge of the US Court of Appeals for the DC Circuit.
The court is charged with…