obama decide nominate merrick garland supreme court even though senate announce would wait new administration confirm nominee attempt box republicans senate nominee leave things right others like criminal justice support past judge articulate broad progressive vision law interest clear garland record suggest would join court right flank confirm supreme court would likely vote much often supreme court liberals skinny leave lean garland garland unquestionably qualify sit supreme court 19 year veteran dc circuit court widely view second-most powerful nation garland graduate high honor harvard law school clerk justice william brennan spend years partner multinational law firm arnold porter also hold senior position justice department include leadership role department criminal division stint principal associate deputy attorney general.at age 63 garland also old person nominate supreme court since president nixon name justice lewis powell 1971. thus confirm garland unlikely match even approach justice scalia nearly 30 years supreme court garland relatively advance age may help explain hatch float dc circuit chief judge ideal obama nominee another factor almost certainly play role garland reputation moderation 2003 example garland join opinion hold federal judiciary lack authority assert habeas corpus jurisdiction behest alien hold military base lease another nation military base outside sovereignty unite state opinion effectively prohibit guantanamo bay detainees seek relief civilian court little year late supreme court reverse decision rasul v. bush although fairness note legal experts disagree whether decision garland join mandate exist precedents former prosecutor also relatively conservative record criminal justice 2010 examination decisions scotus blog tom goldstein determine judge garland rarely vote favor criminal defendants appeal convictions goldstein identify eight publish rule addition seven vote reverse defendant sentence whole part permit defendant raise argument relate sentence remand 13 years garland spend dc circuit clear garland record suggest would join court right flank confirm supreme court would likely vote much often supreme court liberals.read think progress break obama nominate liberal merrick garland supreme court justice