Blind Spots at D.C. Circuit Limit Garland’s Record

ByKimberly Strawbridge Robinson, Bloomberg BNA

Since President Barack Obama nominated Chief Judge Merrick B. Garland to the U.S. Supreme Court March 16, the descriptions of the D.C. Circuit judge have varied from“a centrist candidate” to“a reliable fifth vote for a laundry list of extreme liberal priorities.”

Who’s right? Well, the “best way to get a handle on a circuit judge’s judicial philosophy is to look at the judge’s concurrences and dissents,” Jonathan Adler, of Case Western University School of Law, Cleveland, wrote March 21 on The Volokh Conspiracy blog.

While Garland’s rare ...