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2016 presidential candidates on U.S. Supreme Court nominee Merrick Garland

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See also: Process to fill the vacated seat of Justice Antonin Scalia



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2016 Presidential Election
Date: November 8, 2016

Candidates
Winner: Donald Trump (R)
Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates

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For information about the Supreme Court under the Trump administration, click here.

This page was current as of the 2016 election.

On March 16, 2016, President Barack Obama announced Merrick Garland as his nominee to fill the late Justice Antonin Scalia's seat on the United States Supreme Court.[1] At the time of his nomination, Garland was serving as chief judge of the United States Court of Appeals for the District of Columbia Circuit. He joined the court in 1997 after being nominated by former President Bill Clinton.[2]

During a speech in the White House Rose Garden, President Obama said, "I’ve selected a nominee who is widely recognized not only as one of America’s sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, even-handedness and excellence. These qualities and his long commitment to public service have earned him the respect and admiration of leaders from both sides of the aisle. He will ultimately bring that same character to bear on the Supreme Court, an institution in which he is uniquely prepared to serve immediately. Today, I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court."[3]

President Obama also discussed the political climate surrounding Garland's nomination. He said, "At a time when our politics are so polarized, at a time when norms and customs of political rhetoric and courtesy and comity are so often treated like they are disposable, this is precisely the time when we should play it straight and treat the process of appointing a Supreme Court justice with the seriousness and care it deserves because our Supreme Court really is unique. It’s supposed to be above politics. It has to be. And it should stay that way."[3]

See below what the 2016 presidential candidates said about Chief Judge Merrick Garland.

OVERVIEW OF CANDIDATE POSITIONS
  • Hillary Clinton expressed support for President Obama's nominee to the Supreme Court and urged the Senate to hold a hearing on Merrick Garland's nomination.
  • Donald Trump agreed with Republicans that Merrick Garland's nomination should not move forward. He said that the next president should fill the Supreme Court vacancy.
  • Jill Stein believed that Merrick Garland should have received a hearing in the Senate.
  • Gary Johnson believed the Senate should have held a hearing for President Obama's nominee.
  • Democratic candidate

    Democratic Party Hillary Clinton

    caption
    Clinton's March 16, 2016, statement on SCOTUS nominee Merrick Garland


    Republican candidate

    Republican Party Donald Trump

    caption




    Green candidate

    Green Party Jill Stein

    Jill-Stein-circle.png
    • During the second presidential election debate between Hillary Clinton and Donald Trump, Stein joined Democracy Now! to answer the same questions as Clinton and Trump. Democracy Now! asked, "What would you prioritize as the most important aspect of selecting a Supreme Court justice?" Stein replied, "We very much need Supreme Court justices who are ready to stand up for everyday people. And that means to end the stranglehold that big money has on our political system. So that means not only overturning Citizens United, but supporting the fact that money is not speech and that corporations are not people. In addition, we need strong support for our rights as voters, which are being encroached on by voter ID laws terribly. And we need to support the constitutional right to vote, and ensure that there is positive and continuous support for that right to vote, which is very much under threat. And in addition, the Supreme Court needs to be strongly in support of women’s rights, the rights of immigrants, workers’ rights and LGBTQ rights."[11]
    • According to a Stein's 2016 presidential campaign website, "Stein said if elected President, she would seek to reinstate the administrative protections against such deportations and appoint a US Supreme Court Justice that would uphold the constitution and protect the needs of average people."[12]
    • Stein thinks Merrick Garland should get a Senate hearing.[13]
    • Read more of Jill Stein's public statements on 2016 campaign issues.

    Libertarian candidate

    Libertarian Party Gary Johnson

    Gary-Johnson-(New Mexico)-circle.png
    • In a phone interview with ProCon.org on June 14, 2016, Johnson was asked, "Should Supreme Court Justice Scalia's replacement be chosen by President Obama?" Johnson replied, ""[T]hey should hold hearings on Obama's nominee. It's Obama's duty to provide that nomination and I think that Congress should follow through on that, which obviously they are not."[15]
    • Read more of Gary Johnson's public statements on 2016 campaign issues.

    Withdrawn candidates

    See also

    External links

    Footnotes

    1. NPR, "President Obama To Announce Merrick Garland As Supreme Court Nominee," accessed March 16, 2016
    2. United States Court of Appeals District of Columbia Circuit, "Merrick B. Garland," accessed August 22, 2013
    3. 3.0 3.1 Time, "Read Obama’s Speech Nominating Merrick Garland to the Supreme Court," accessed March 16, 2016
    4. CBS News, "Hillary Clinton to Chuck Grassley: Give Merrick Garland a hearing," March 28, 2016
    5. Reuters, "Clinton warns of possible Trump Supreme Court nominations," March 29, 2016
    6. Twitter, "Hillary Clinton Statement on Merrick Garland," accessed March 16, 2016
    7. 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    8. Democratic Party, "The 2016 Democratic Party Platform," accessed August 25, 2016
    9. The New York Times, "Candidates Stick to Party Lines in Debate Over Supreme Court Nomination," accessed March 19, 2016
    10. Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
    11. Democracy Now!, "Expanding the Debate: Jill Stein Spars with Clinton & Trump in Democracy Now! Special - Part 2," October 10, 2016
    12. Jill Stein for President, "Jill Stein Opposes Supreme Court on Immigration," accessed October 17, 2016
    13. iSideWith.com, "Jill Stein’s political views on scotus," accessed October 17, 2016
    14. Green Party, "The 2016 Green Party Platform," accessed August 23, 2016
    15. ProCon.org, "Should Supreme Court Justice Scalia's Replacement Be Chosen by President Obama?" accessed October 18, 2016
    16. Libertarian Party, "The 2016 Libertarian Party Platform," accessed August 23, 2016