Merrick Garland

2025-10-15T23:09:19Z

2600:6C4E:1A7F:9EAC:8CFD:AA0:3FB1:2D6A: /* Pace of Trump prosecution */

{{Short description|American lawyer and jurist (born 1952)}}
{{Use American English|date=May 2021}}
{{Use mdy dates|date=February 2021}}
{{Infobox officeholder
| name = Merrick Garland
| image = Attorney General Merrick Garland.jpg
| alt = Official portrait of United States Attorney General Merrick Garland
| caption = Official portrait, 2021
| office = 86th [[United States Attorney General]]
| president = [[Joe Biden]]
| deputy = [[John P. Carlin]] (acting)<br>[[Lisa Monaco]]
| term_start = March 11, 2021
| term_end = January 20, 2025
| predecessor = [[William Barr]]
| successor = [[Pam Bondi]]
| office1 = Chief Judge of the [[United States Court of Appeals for the District of Columbia Circuit]]
| term_start1 = February 12, 2013
| term_end1 = February 11, 2020
| predecessor1 = [[David B. Sentelle]]
| successor1 = [[Sri Srinivasan]]
| office2 = Judge of the [[United States Court of Appeals for the District of Columbia Circuit]]
| term_start2 = March 20, 1997
| term_end2 = March 11, 2021
| appointer2 = [[Bill Clinton]]
| predecessor2 = [[Abner Mikva]]
| successor2 = [[Ketanji Brown Jackson]]
| birth_name = Merrick Brian Garland
| birth_date = {{birth date and age|1952|11|13}}
| birth_place = [[Chicago]], [[Illinois]], U.S.
| death_date =
| death_place =
| party = [[Independent politician|Independent]]
| spouse = {{marriage|Lynn Rosenman|September 19, 1987}}
| children = 2
| education = [[Harvard University]] ([[Bachelor of Arts|BA]], [[Juris Doctor|JD]])
| awards = [[Henry J. Friendly Medal]] (2022)
| signature = Merrick Garland signature.svg
| signature_alt = Cursive signature in ink
| module = {{Listen
|pos = center
|embed = yes
|filename = Merrick Garland gives remarks on the anniversary of the 9 11 attacks.ogg
|title = Garland's voice
|type = speech
|description = Garland's remarks on the twentieth anniversary of the [[September 11 attacks]].<br>Recorded September 10, 2021}}
}}
'''Merrick Brian Garland''' (born November 13, 1952) is an American lawyer and jurist who served as the 86th [[United States attorney general]] from 2021 to 2025. He previously served as a [[United States federal judge|circuit judge]] of the [[United States Court of Appeals for the District of Columbia Circuit]] from 1997 to 2021. In 2016, President [[Barack Obama]] [[Merrick_Garland_Supreme_Court_nomination|nominated]] Garland to the [[Supreme Court of the United States|U.S. Supreme Court]], however the [[United States Senate|U.S. Senate]] had refused to hold a confirmation hearing.

A native of the [[Chicago area]], Garland attended [[Harvard University]] and [[Harvard Law School]], where he was editor of the ''[[Harvard Law Review]]''. He served as a [[law clerk]] to Judge [[Henry Friendly]] of the [[United States Court of Appeals for the Second Circuit]] and to [[Supreme Court of the United States|U.S. Supreme Court]] Justice [[William J. Brennan Jr.]], and then practiced corporate litigation at [[Arnold & Porter]], after which he worked as a federal prosecutor in the [[United States Department of Justice]], where he supervised the investigation and prosecution of the [[Oklahoma City bombing|Oklahoma City bombers]]. President [[Bill Clinton]] appointed Garland to the United States Court of Appeals for the District of Columbia Circuit in 1997, and he served as its chief judge from 2013 to 2020.

President [[Barack Obama]], a [[Democratic Party (United States)|Democrat]], [[Merrick Garland Supreme Court nomination|nominated]] Garland to serve as an [[Associate Justice of the Supreme Court of the United States|associate justice of the Supreme Court]] in March 2016 to fill the vacancy created by the death of [[Antonin Scalia]]. However, the [[Senate Republican Conference|Republican Senate]] [[Party leaders of the United States Senate|majority]] refused to hold a hearing or vote on his nomination. The unprecedented refusal of a [[United States Senate|Senate]] majority to consider a Supreme Court nomination was highly controversial. Garland's nomination lasted 293 days (the longest to date), and it expired on January 3, 2017, at the end of the [[114th Congress]]. Eventually, subsequent President [[Donald Trump]], a [[Republican Party (United States)|Republican]], nominated [[Neil Gorsuch]] to the vacant seat, and the Republican Senate majority confirmed him.

President [[Joe Biden]] nominated Garland as U.S. attorney general in January 2021. He was confirmed by the Senate in a 70–30 vote, and took office in March of that same year. During his tenure, Garland was criticized for the pace of the prosecution of president Donald Trump. Some observers, including President [[Joe Biden]], assigned Garland some responsibility for the fact that none of the indictments obtained by special counsel [[Jack Smith (lawyer)|Jack Smith]] were likely to go to trial before the [[2024 United States presidential election|November 2024 election]] in which Trump prevailed and won re-election to a second non-consecutive term.<ref>{{Cite web |date=2024-02-09 |title=White House frustration with Garland grows |url=https://www.politico.com/news/2024/02/09/white-house-frustration-with-garland-grows-00140813 |access-date=2025-02-18 |website=POLITICO |language=en}}</ref><ref>{{Cite web |last=Khardori |first=Ankush |date=2024-11-07 |title=Trump Got Away With It — Because of the Biden Administration's Massive Missteps |url=https://www.politico.com/news/magazine/2024/11/07/trump-legal-failures-blame-column-00187945 |access-date=2025-02-18 |website=POLITICO |language=en}}</ref>

==Early life and education==
Garland was born on November 13, 1952, in [[Chicago]].<ref>{{cite book |url=https://books.google.com/books?id=2LxFAQAAIAAJ |title=Biographical Directory of the Federal Judiciary |publisher=Bernan Press |year=2001 |isbn=978-0890592588 |page=511 |archive-url=https://web.archive.org/web/20161102134130/https://books.google.com/books?id=2LxFAQAAIAAJ |archive-date=November 2, 2016 |url-status=live}}</ref> His mother Shirley ({{née|Horwitz}}; 1925{{ndash}}2016)<ref>{{cite news |url=https://www.chicagotribune.com/news/ct-xpm-2000-11-27-0011270039-story.html |access-date=September 11, 2021 |title=Garland (obituary) |date=November 27, 2000 |work=Chicago Tribune |archive-url=https://web.archive.org/web/20160222171812/http://articles.chicagotribune.com/2000-11-27/news/0011270039_1_weinstein-chapel-service-roter |archive-date=February 22, 2016 |url-status=live}}</ref> was a director of volunteer services at [[CJE SeniorLife|Chicago's Council for Jewish Elderly]] (now called CJE SeniorLife). His father, Cyril Garland (1915–2000),<ref>{{cite web |title=Garland |url=https://www.chicagotribune.com/news/ct-xpm-2000-11-27-0011270039-story.html |website=Chicago Tribune |date=November 27, 2000 |language=en}}</ref> headed Garland Advertising, a small business run out of the family home.<ref name="ReputationCollegiality" /><ref name="nytimesref">{{cite news |title=Lynn Rosenman is Married |newspaper=The New York Times |date=September 20, 1987 |url=https://www.nytimes.com/1987/09/20/style/lynn-rosenman-is-married.html |access-date=April 10, 2010 |archive-url=https://web.archive.org/web/20100414200345/http://www.nytimes.com/1987/09/20/style/lynn-rosenman-is-married.html |archive-date=April 14, 2010 |url-status=live}}</ref><ref name="ForwardStory">{{cite web |first=Josh |last=Nathan-Kazis |url=https://forward.com/news/336091/can-merrick-garland-fair-minded-mensch-of-a-judge-win-spot-on-the-supreme/ |title=Merrick Garland Offers Poignant Story About Anti-Semitism as Supreme Court Battle Looms |work=[[The Forward]] |date=March 16, 2016 |access-date=March 20, 2016 |archive-url=https://web.archive.org/web/20160320090502/http://forward.com/news/336091/can-merrick-garland-fair-minded-mensch-of-a-judge-win-spot-on-the-supreme-c/ |archive-date=March 20, 2016 |url-status=live}}</ref> Garland was raised in [[Conservative Judaism]]; the family name had been changed from ''Garfinkel'' several generations earlier. His grandparents left the [[Pale of Settlement]] in the western [[Russian Empire]] in the early 20th century, fleeing [[Antisemitism in the Russian Empire|antisemitic]] [[Anti-Jewish pogroms in the Russian Empire|pogroms]] in what is now Ukraine and Poland.<ref name="ForwardStory"/><ref>{{cite news |last=Margolick |first=David |url=https://www.tabletmag.com/scroll/198684/whats-in-merrick-garlands-name |title=What's in Merrick Garland's Name? |work=[[Tablet (magazine)|Tablet]] |date=March 18, 2016 |access-date=August 18, 2016 |archive-url=https://web.archive.org/web/20160324190834/http://www.tabletmag.com/scroll/198684/whats-in-merrick-garlands-name |archive-date=March 24, 2016 |url-status=live}}</ref> Two of his grandmother's siblings were later murdered in [[the Holocaust]].<ref>{{cite web |first=Merrick |last=Garland |url=https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-administers-oath-allegiance-and-delivers |title=Attorney General Merrick B. Garland Administers the Oath of Allegiance and Delivers Congratulatory Remarks at Ellis Island Ceremony in Celebration of Constitution Week and Citizenship Day |date=September 17, 2022 |access-date=September 19, 2022 |work=Justice.gov |quote=My grandmother was one of five children born in what is now Belarus. Three made it to the United States, including my grandmother who came through the Port of Baltimore. Two did not make it. Those two were killed in the Holocaust. }}</ref> He is a second cousin of [[Republican Party (United States)|Republican]] six-term [[List of Iowa Governors|Iowa Governor]] and former [[List of ambassadors of the United States to China|US Ambassador to China]] [[Terry Branstad]].<ref>{{cite news |last1=McKinney |first1=Kait |title=Branstad Has Unique Connection to SCOTUS Nominee Merrick Garland|url=http://whotv.com/2016/03/16/branstad-has-unique-connection-to-scotus-nominee-merrick-garland/ |work=WHO-HD Channel 13 |date=March 16, 2016 |access-date=March 16, 2016 |archive-date=March 21, 2016 |archive-url=https://web.archive.org/web/20160321000616/http://whotv.com/2016/03/16/branstad-has-unique-connection-to-scotus-nominee-merrick-garland/ |url-status=live}}</ref>

Garland grew up in the north Chicago border suburb of [[Lincolnwood, Illinois|Lincolnwood.]]<ref name="SweetChicagoNative">{{cite news |first=Lynn |last=Sweet |url=https://chicago.suntimes.com/2016/3/16/18392101/obama-supreme-court-pick-chicago-native-merrick-garland |title=Obama Supreme Court pick: Chicago native Merrick Garland |work=Chicago Sun-Times |date=March 16, 2016 |access-date=March 20, 2016 |archive-url=https://web.archive.org/web/20160320015933/http://chicago.suntimes.com/news/obama-supreme-court-pick-lincolnwoods-merrick-garland/ |archive-date=March 20, 2016 |url-status=live}}</ref><ref name="ReputationCollegiality">{{cite news |first1=Nina |last1=Totenberg |author-link=Nina Totenberg |first2=Carrie |last2=Johnson |url=https://www.npr.org/2016/03/16/126614141/merrick-garland-has-a-reputation-of-collegiality-record-of-republican-support |title=Merrick Garland Has A Reputation of Collegiality, Record of Republican Support |work=[[NPR]] |date=March 16, 2016 |access-date=March 20, 2016 |archive-url=https://web.archive.org/web/20160320100539/http://www.npr.org/2016/03/16/126614141/merrick-garland-has-a-reputation-of-collegiality-record-of-republican-support |archive-date=March 20, 2016 |url-status=live}}</ref> He attended [[Niles West High School]] in [[Skokie, Illinois|Skokie]], Illinois, where he was president of the student council, acted in theatrical productions, and was a member of the debate team.<ref name=NYT1>{{cite news |url=https://www.nytimes.com/2016/03/17/us/politics/merrick-garland-supreme-court-nominee.html |title=Merrick Garland's Path to Nomination Marked by Deference, With Limits |last1=Stolberg |first1=Sheryl Gay |date=March 16, 2016 |page=A1 |last2=Liptak |first2=Adam |newspaper=The New York Times |issn=0362-4331 |access-date=March 20, 2016}}</ref> He graduated in 1970 as the class [[valedictorian]].<ref name="ReputationCollegiality"/><ref name="SweetChicagoNative"/> Garland was also a [[Presidential Scholars Program|Presidential Scholar]] and [[National Merit Scholar]].<ref>{{cite news |url=https://pqasb.pqarchiver.com/chicagotribune/access/630230392.html?dids=630230392:630230392&FMT=ABS&FMTS=ABS:AI&type=historic&date=Apr+30%2C+1970&author=&pub=Chicago+Tribune+(1963-Current+file)&edition=&startpage=A10&desc=145+in+Chicago%2C+Suburbs+Awarded+Merit+Scholarships|title=145 in Chicago, Suburbs Awarded Merit Scholarships|newspaper=Chicago Tribune |archive-url=https://web.archive.org/web/20110525082340/https://pqasb.pqarchiver.com/chicagotribune/access/630230392.html?dids=630230392:630230392&FMT=ABS&FMTS=ABS:AI&type=historic&date=Apr+30%2C+1970&author=&pub=Chicago+Tribune+(1963-Current+file)&edition=&startpage=A10&desc=145+in+Chicago%2C+Suburbs+Awarded+Merit+Scholarships |archive-date=May 25, 2011 |date=April 30, 1970}}</ref><ref>{{cite news |url=https://pqasb.pqarchiver.com/chicagotribune/access/598206112.html?dids=598206112:598206112&FMT=ABS&FMTS=ABS:AI&type=historic&date=Jun+5%2C+1970&author=ALDO+BECKMAN&pub=Chicago+Tribune+(1963-Current+file)&edition=&startpage=2&desc=Nixon+Urges+Scholars+to+Take+Active+Role+in+Communities|title=Nixon Urges Scholars to Take Active Role in Communities|newspaper=Chicago Tribune |archive-url=https://web.archive.org/web/20170729173230/https://pqasb.pqarchiver.com/chicagotribune/doc/169837904.html?FMT=ABS&FMTS=ABS:AI&type=historic&date=Jun%205,%201970&author=ALDO%20BECKMAN&pub=Chicago%20Tribune%20(1963-Current%20file)&edition=&startpage=2&desc=Nixon%20Urges%20Scholars%20to%20Take%20Active%20Role%20in%20Communities |archive-date=July 29, 2017 |date=June 5, 1970}}</ref> He then studied [[social studies]] at [[Harvard University]].<ref name="ReputationCollegiality"/><ref name="NPR2010ShortList">{{cite news |title=A Short List: Who Will Succeed Justice Stevens? |publisher=[[NPR]] |date=April 9, 2010 |url=https://www.npr.org/templates/story/story.php?storyId=125766967 |access-date=September 11, 2021 |first=Ron |last=Elving }}</ref><ref name="OfficialCongressionalDirectory">{{cite book |url=https://www.govinfo.gov/content/pkg/CDIR-2020-07-22/pdf/CDIR-2020-07-22-JUDICIARY.pdf |title=Official Congressional Directory: 116th Congress (2019–2020) |isbn=978-0160953866 |page=870 |publisher=U. S. Government Printing Office |date=2020 |access-date=March 16, 2016 |archive-date=September 13, 2021 |archive-url=https://web.archive.org/web/20210913130443/https://www.govinfo.gov/content/pkg/CDIR-2020-07-22/pdf/CDIR-2020-07-22-JUDICIARY.pdf |url-status=live}}</ref> He initially wanted to become a physician, but soon decided to become a lawyer instead.<ref name="NYT1" /> He allied himself with his future boss, [[Jamie Gorelick]], when he was elected the only freshman member of a campus-wide committee on which Gorelick also served.<ref name="WashPo3/27">{{cite news |last1=Goldstein |first1=Amy |last2=Hamburger |first2=Tom |title=For Merrick Garland, a methodical life of ambition |url=https://www.washingtonpost.com/politics/for-merrick-garland-a-methodical-life-of-ambition-without-sharp-elbows/2016/03/26/e53becc6-f062-11e5-89c3-a647fcce95e0_story.html |access-date=March 29, 2016 |newspaper=The Washington Post |date=March 27, 2016 |page=A1}}</ref> During his college summers Garland volunteered as a speechwriter to Congressman [[Abner J. Mikva]].<ref name="WashPo3/27"/> After President [[Jimmy Carter]] appointed Mikva to the [[D.C. Circuit]], Mikva would rely on Garland when hiring [[law clerk]]s.<ref name="NYT 3/27">{{cite news |last1=Stolberg |first1=Sheryl Gay |last2=Apuzzo |first2=Matt |last3=Seelye |first3=Katharine Q. |title=Merrick Garland Is a Deft Navigator of Washington's Legal Circles |url=https://www.nytimes.com/2016/03/27/us/politics/merrick-garland-obama-supreme-court-nominee.html?_r=0 |access-date=March 29, 2016 |work=The New York Times |date=March 27, 2016 |page=A1}}</ref> At Harvard, Garland wrote news articles and [[Theatre criticism|theater reviews]] for the ''[[The Harvard Crimson|Harvard Crimson]]'', and was a resident of [[Quincy House (Harvard)|Quincy House]].<ref>{{cite web |first=Claire E. |last=Parker |url=https://www.thecrimson.com/article/2016/3/17/Garland-maintains-Harvard-ties/ |title=Supreme Court Nominee Maintains Close Harvard Ties |work=Harvard Crimson |date=March 17, 2016 |access-date=March 20, 2016 }}</ref><ref name="RosenEllement">{{cite news |last1=Rosen |first1=Andy |last2=Ellement |first2=John R. |url=https://www.bostonglobe.com/metro/2016/03/16/obama-supreme-court-nominee-has-strong-ties-harvard-university/wE7cgF8qRokW2A9Vq5ygEO/story.html |title=Obama Supreme Court nominee Merrick Garland has strong ties to Harvard University |work=Boston Globe |date=March 16, 2016 |access-date=March 20, 2016 }}</ref> Garland wrote his 235-page honors thesis on industrial [[mergers and acquisitions|mergers]] in Britain in the 1960s.<ref name="WashPo3/27"/><ref>{{cite thesis |last1=Garland |first1=Merrick Brian |title=Industrial reorganization in Britain; an interpretation of government/industry relations in the 1960's. |date=1974 |institution=[[Harvard University]] |language=English |oclc=76985796}}</ref> Garland graduated from Harvard in 1974 with a [[Bachelor of Arts]], [[Latin honors#United States|''summa cum laude'']], and was elected to [[Phi Beta Kappa]].

Garland then attended Harvard Law School,<ref name="NPR2010ShortList"/> where he was a member of the ''Harvard Law Review''. Garland ran for the presidency of the ''Law Review'' but lost to [[Susan Estrich]], so he served as an articles editor instead.<ref name="WashPo3/27"/><ref name="OfficialCongressionalDirectory"/> As an articles editor, Garland assigned himself to edit a submission by U.S. Supreme Court justice [[William J. Brennan Jr.|William Brennan]] on the topic of the role of [[State constitution (United States)|state constitution]]s in safeguarding [[individual right]]s.<ref name="WashPo3/27"/><ref name="NYT 3/27"/><ref name="Mauro">{{cite news |first=Tony |last=Mauro |url=https://www.law.com/nationallawjournal/2018/03/26/how-merrick-garland-landed-a-supreme-court-clerkship-with-brennan/ |access-date=September 11, 2021 |title=How Merrick Garland Landed a Supreme Court Clerkship With Brennan |work=National Law Journal |date=March 26, 2018 }}</ref> This correspondence with Brennan later contributed to his winning a clerkship with the justice.<ref name="Mauro"/> Garland graduated from Harvard Law School in 1977 with a [[Juris Doctor]], ''magna cum laude''.

==Early career==
After graduating from law school, Garland spent two years as a judicial [[law clerk]], first for Judge [[Henry Friendly]] of the [[U.S. Court of Appeals for the Second Circuit]] (New York City) from 1977 to 1978 and then for Justice [[William J. Brennan Jr.]] of the [[U.S. Supreme Court]] from 1978 to 1979.<ref name="OfficialCongressionalDirectory" /> After his clerkships, Garland spent two years as a special assistant to U.S. attorney general [[Benjamin Civiletti]].<ref name="ReputationCollegiality"/>

After the [[Carter administration]] ended in 1981, Garland entered private practice at the law firm [[Arnold & Porter]].<ref name="ReputationCollegiality"/> Garland practiced mostly corporate litigation, and was made a partner in 1985.<ref name="ReputationCollegiality"/> In ''[[Motor Vehicles Manufacturers Ass'n v. State Farm Mutual Automobile Insurance Co.]]'' (1983) Garland acted as counsel to an insurance company suing to reinstate an unpopular [[automatic seat belt]] mandate.<ref name=HarvLRev>{{Cite journal|last=Garland|first=Merrick B.|date=1985|title=Deregulation and Judicial Review|journal=Harvard Law Review|volume=98|issue=3|pages=505–591|doi=10.2307/1340869|issn=0017-811X|jstor=1340869}}</ref>
After winning the case in both the District of Columbia Circuit Court and the Supreme Court, Garland wrote an 87-page ''Harvard Law Review'' article describing the way courts use a heightened "hard look" [[standard of review]] and [[scope of review]] when an agency chooses [[deregulation]], with increasing focus on the fidelity of the agencies' actions to congressional intent.<ref name=HarvLRev/>
In 1985–86, while at Arnold & Porter, Garland was a lecturer at [[Harvard Law School]], where he taught [[United States antitrust law|antitrust]] law.<ref name="OfficialCongressionalDirectory"/><ref name="Goldstein2010PotentialNom">{{cite web |first=Tom |last=Goldstein |author-link=Tom Goldstein |url=http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/ |title=The Potential Nomination of Merrick Garland |work=SCOTUSBlog |date=April 26, 2010 |access-date=April 30, 2010 }}</ref> He also published an article in the ''[[Yale Law Journal]]'' urging a broader application of [[Parker immunity doctrine|antitrust immunity]] to state and local governments.<ref name=HarvLRev/>

Desiring to return to public service and do more trial work, in 1989 Garland became an [[assistant United States attorney]] in the [[U.S. Attorney's Office for the District of Columbia]]. As a line prosecutor, Garland represented the government in criminal cases ranging from [[drug trafficking]] to complex [[public corruption]] matters.<ref name="ReputationCollegiality"/> Garland was one of the three principal prosecutors who handled the investigation into [[Washington, D.C. Mayor]] [[Marion Barry]]'s possession of cocaine.<ref name=wapo.voting>{{cite news |last=Perry |first=Stein |date=March 17, 2016 |title=Merrick Garland and D.C. politics: His role in voting rights and Marion Barry's imprisonment |url=https://www.washingtonpost.com/news/local/wp/2016/03/17/merrick-garland-and-d-c-politics-from-voting-rights-to-marion-barry/ |newspaper=[[The Washington Post]] |location=Washington DC |access-date=March 18, 2016}}</ref>

Garland then briefly returned to Arnold & Porter, working there from 1992 to 1993.<ref name="WashPo3/27"/> In 1993, Garland joined the new [[Bill Clinton administration|Clinton administration]] as deputy assistant attorney general in the [[United States Department of Justice Criminal Division|Criminal Division]] of the [[United States Department of Justice]].<ref name="ReputationCollegiality"/> The following year, Deputy Attorney General [[Jamie Gorelick]]{{snd}}a key mentor of Garland's<ref>{{cite news | work = Los Angeles Times | access-date = March 16, 2016 | date = July 6, 1995 | url=https://www.latimes.com/archives/la-xpm-1995-07-06-mn-20694-story.html | title = Washington Insight | archive-date = March 23, 2016 | archive-url = https://web.archive.org/web/20160323101953/http://articles.latimes.com/1995-07-06/news/mn-20694_1_washington-appellate | url-status = live }}</ref>{{snd}}asked Garland to be her [[Principal Associate Deputy Attorney General|principal associate deputy attorney general]].<ref name="ReputationCollegiality"/><ref>{{Cite web|url=https://fas.org/sgp/crs/misc/garprim.pdf|title=Merrick B. Garland: Selected Primary Material|date=March 17, 2016|website=[[U.S. Congressional Research Service]]|access-date=August 27, 2018}}</ref>

In that role, Garland's responsibilities included the supervision of high-profile [[Domestic terrorism in the United States|domestic-terrorism]] cases, including the [[Oklahoma City bombing]], [[Ted Kaczynski]] (also known as the "Unabomber"), and the [[Centennial Olympic Park bombing|Atlanta Olympics bombings]].<ref name="ReputationCollegiality"/><ref>{{cite news |last1=Lee|first1=Carol E.|last2=Peterson|first2=Kristina|last3=Bravin|first3=Jess |url=https://www.wsj.com/articles/obama-to-pick-merrick-garland-to-fill-supreme-court-seat-sources-say-1458136919 |title=Obama Picks Merrick Garland to Fill Supreme Court Seat |work=The Wall Street Journal |date=March 16, 2016 |access-date=March 20, 2016 }}</ref>
Garland insisted on being sent to Oklahoma City in the aftermath of the attack, in order to examine the crime scene and oversee the investigation in preparation for the prosecution.<ref name="Savage">{{cite news |first=Charles |last=Savage |url=https://www.nytimes.com/2010/04/28/us/politics/28garland.html |title=How Bombing Case Helped Shape Career of a Potential Justice |work=The New York Times |date=April 27, 2010 |access-date=April 30, 2010 }}</ref> He represented the government at the [[preliminary hearing]]s of the two main defendants, [[Timothy McVeigh]] and [[Terry Nichols]].<ref name="Savage" /> Garland offered to lead the trial team, but could not because he was needed at the [[Robert F. Kennedy Building|Justice Department headquarters]]. Instead, he helped pick the team and supervised it from Washington, D.C., where he was involved in major decisions, including the choice to seek the [[Capital punishment in the United States|death penalty]] for McVeigh and Nichols.<ref name="Savage" /> Garland won praise for his work on the case from the Republican [[governor of Oklahoma]], [[Frank Keating]].<ref name="ReputationCollegiality" />

Garland served as co-chair of the administrative law section of the [[District of Columbia Bar]] from 1991 to 1994.<ref name="OfficialCongressionalDirectory" /><ref>{{cite web|title=Hon. Merrick B. Garland |url=https://fedsoc.org/contributors/merrick-garland |access-date=March 16, 2016|work=[[Federalist Society]]|date=November 19, 2012 }}</ref> He is also a member of the [[American Law Institute]].<ref name="OfficialCongressionalDirectory" />

In 2003, Garland was elected to the [[Harvard Board of Overseers]], completing the unexpired term of [[Deval Patrick]], who had stepped down from the board.<ref>{{cite web|date=June 12, 2003|title=Harvard Board of Overseers announces election results|url=https://news.harvard.edu/gazette/story/2003/06/harvard-board-of-overseers-announces-election-results/ |access-date=July 1, 2010|work=[[Harvard Gazette]]}}</ref> Garland served as president of the overseers for 2009–10.<ref>{{cite web|date=April 23, 2009|title=Board of Overseers elects senior officers|url=https://news.harvard.edu/gazette/story/2009/04/board-of-overseers-elects-senior-officers/ |access-date=September 11, 2021 |work=[[Harvard Gazette]]}}</ref>

==Federal judicial service (1997–2021)==
===Appointment===
[[File:Merrick Garland.jpg|thumb|Garland in 2016 as chief judge of the [[United States Court of Appeals for the District of Columbia Circuit|U.S. Court of Appeals for the D.C. Circuit]]]]
On September 6, 1995, President [[Bill Clinton]] nominated Garland to the [[United States Court of Appeals for the District of Columbia|U.S. Court of Appeals for the District of Columbia]] seat vacated by his longtime mentor [[Abner J. Mikva]].<ref name="WashPo3/27"/> Justice Brennan, for whom Garland had clerked, recommended Garland for the position in a letter to Clinton.<ref name="Mauro"/> The [[American Bar Association]] (ABA) [[Standing Committee on the Federal Judiciary]] unanimously gave Garland a "well-qualified" committee rating, its highest.<ref>{{cite web |url=https://www.americanbar.org/content/dam/aba/administrative/federal_judicary/ratings105.pdf |title=Ratings of Article III Judicial Nominees (105th Congress) (1997–1998) |publisher=[[American Bar Association]] |work=ABA Standing Committee on the Federal Judiciary |year=1997 |access-date=March 1, 2012 }}</ref>

On December 1, 1995, Garland received a hearing regarding the nomination before the [[United States Senate Judiciary Committee|Senate Judiciary Committee]].<ref>{{cite web |url=http://www.lib.ncsu.edu/congbibs/senate/104dgst1.html |title=104th Congress (1995–1996): January 4, 1995 – January 3, 1996: Senate Committee Meetings by Date |date=January 4, 1995 |archive-url=https://web.archive.org/web/20051110124053/https://www.lib.ncsu.edu/congbibs/senate/104dgst1.html |archive-date=November 10, 2005}}</ref> In Senate confirmation hearings Garland said that the Supreme Court justices whom he most admired were Justice Brennan, for whom he clerked, and [[Chief Justice of the United States|Chief Justice]] [[John Marshall]]. Garland also expressed admiration for the writing style of Justice [[Oliver Wendell Holmes Jr.]]<ref>{{cite news | url=https://blogs.wsj.com/law/2016/03/16/judge-merrick-garland-in-his-own-words/ | first=Joe | last=Palazzolo | title=Judge Merrick Garland, In His Own Words | work=The Wall Street Journal | date=March 16, 2016 | access-date=March 16, 2016}}</ref> However, Senate Republicans did not schedule a vote on Garland's confirmation,<ref name="ReputationCollegiality"/> not because of concerns over Garland's qualifications, but because of a dispute over whether to fill the seat.<ref name="Goldstein2010PotentialNom"/><ref name=":0">{{Cite news |url=https://www.nytimes.com/1995/11/30/us/partisan-gridlock-blocks-senate-confirmations-of-federal-judges.html|title=Partisan Gridlock Blocks Senate Confirmations of Federal Judges|last=Lewis|first=Neil A.|date=November 30, 1995|newspaper=The New York Times|issn=0362-4331|access-date=March 16, 2016}}</ref>

After winning the November 1996 presidential election, Clinton renominated Garland on January 7, 1997.<ref>{{cite press release |publisher=The White House |date=January 7, 1997 |title=President Nominates Twenty Two to the Federal Bench |url=https://clintonwhitehouse6.archives.gov/1997/01/1997-01-07-names-of-twenty-two-for-federal-bench-resubmitted.html |url-status=live |archive-url=https://web.archive.org/web/20200923160447/https://clintonwhitehouse6.archives.gov/1997/01/1997-01-07-names-of-twenty-two-for-federal-bench-resubmitted.html |archive-date=September 23, 2020 }}</ref> He was confirmed on March 19, 1997, by a 76–23 vote.<ref>{{cite web|url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=105&session=1&vote=00034|title=U.S. Senate: Roll Call Vote: PN6|date=January 27, 2015|publisher=U.S. Senate}}</ref> The majority of Republican senators voted to confirm Garland, including senators [[John McCain]], [[Orrin Hatch]], [[Susan Collins (politician)|Susan Collins]], and [[Jim Inhofe]].<ref name=PoliticoWheaton>{{cite news |last1=Wheaton|first1=Sarah|last2=Gerstein|first2=Josh|last3=Seung Min|first3=Kim|title=Obama picks Merrick Garland for Supreme Court|url=https://www.politico.com/story/2016/03/obama-to-announce-supreme-court-pick-at-11-am-220851|access-date=March 16, 2016|work=Politico|date=March 16, 2016}}</ref> Senators [[Mitch McConnell]], [[Chuck Grassley]], and [[Jeff Sessions]] were among those who voted against Garland.<ref name=PoliticoWheaton/> All of the 23 "no" votes came from Republicans, and all were said to be based "on whether there was even a need for an eleventh seat" on the D.C. Circuit.<ref>{{cite book |first=Amy |last=Steigerwalt |title=Battle over the Bench: Senators, Interest Groups, and Lower Court Confirmations |publisher=[[University of Virginia Press]] |year=2010 |page=224 |isbn=9780813929989 |url=https://books.google.com/books?id=LU7Xs6Mf8EQC&pg=PA224 }}</ref> He received his judicial commission on March 20, 1997.<ref name="fjc.gov"/>

===Service as chief judge of the D.C. Circuit===
Garland became chief judge of the D.C. Circuit on February 12, 2013.<ref>{{cite web |url=https://www.cadc.uscourts.gov/internet/home.nsf/content/VL+-+Judges+-+MBG |title=Merrick B. Garland |publisher=United States Court of Appeals for the District of Columbia Circuit |access-date=March 16, 2016 |archive-date=March 21, 2016 |archive-url=https://web.archive.org/web/20160321044810/https://www.cadc.uscourts.gov/internet/home.nsf/content/VL+-+Judges+-+MBG |url-status=dead }}</ref> In May 2013 he announced that the D.C. Circuit had unanimously decided to provide the public with same-day audio recordings of [[oral argument]]s in the court.<ref name="RCFPMediaLaw"/><ref>{{cite web |first=Kelly |last=Cheung |url=https://blogs.findlaw.com/dc_circuit/2013/05/more-public-access-to-court-dc-to-release-oral-argument-audio.html |title=More Public Access to Court: D.C. to Release Oral Argument Audio |work=[[FindLaw]] |date=May 30, 2013 |access-date=June 20, 2013 }}</ref><ref name="fjc.gov"/> During his term, he was an active member of the [[Judicial Conference of the United States]],<ref name=PassesGavel>{{Cite web|title=Merrick Garland passes gavel to Sri Srinivasan to lead influential appeals court|newspaper=Washington Post|url=https://www.washingtonpost.com/local/legal-issues/merrick-garland-passes-gavel-to-sri-srinivasan-to-lead-influential-appeals-court/2020/02/13/2bb5e316-4e77-11ea-b721-9f4cdc90bc1c_story.html |access-date=September 11, 2021 |date=February 13, 2020|author=Ann E. Marimow}}</ref> and was involved in the formulation of new rules to protect federal judicial branch employees from workplace harassment, which were adopted in the wake of multiple sexual misconduct allegations against Judge [[Alex Kozinski]].<ref name=PassesGavel/><ref>{{Cite web|title=Federal judiciary leaders approve new rules to protect court employees from workplace harassment|newspaper=Washington Post|url=https://www.washingtonpost.com/local/legal-issues/federal-judiciary-leaders-approve-new-rules-to-protect-court-employees-from-workplace-harassment/2019/03/12/588a7208-44c3-11e9-8aab-95b8d80a1e4f_story.html|date=March 12, 2019|author=Ann E. Marimow}}</ref> Garland's seven-year term as chief judge ended on February 11, 2020, with Judge [[Sri Srinivasan]] succeeding him.<ref name=PassesGavel/> Garland continued to serve as an active member of the court until his retirement.<ref>{{cite press release|url=https://www.cadc.uscourts.gov/intranet/home.nsf/Content/Announcement+-+Chief+Judge+Succession+2020/$FILE/ChiefChangePressRelease2020.pdf|title=Press Release|publisher=United States Courts for the D.C. Circuit|date=February 11, 2020}}</ref><ref>{{Cite web |title=Merrick Garland's Time as Chief Judge of the DC Circuit Is Ending. Sri Srinivasan Is Up Next. |url=https://www.law.com/nationallawjournal/2020/01/24/merrick-garlands-time-as-chief-judge-of-the-dc-circuit-is-ending-sri-srinivasan-is-up-next/ |last1=Thomsen |first1=Jacqueline |date=January 24, 2020 |website=National Law Journal |access-date=May 12, 2020 |archive-date=January 9, 2021 |archive-url=https://web.archive.org/web/20210109213714/https://www.law.com/nationallawjournal/2020/01/24/merrick-garlands-time-as-chief-judge-of-the-dc-circuit-is-ending-sri-srinivasan-is-up-next/?slreturn=20210009163712 |url-status=live}}</ref><ref name="fjc.gov"/>

===Notable cases===
Garland is considered a judicial moderate and a [[Centrism|centrist]].<ref name="ShearHarris"/> Garland has been described by [[Nina Totenberg]] and Carrie Johnson of [[NPR]] as "a moderate liberal, with a definite pro-prosecution bent in criminal cases".<ref name="ReputationCollegiality"/> [[Tom Goldstein]], the publisher of ''[[SCOTUSblog]]'', wrote in 2010 that "Judge Garland's record demonstrates that he is essentially the model, neutral judge. His opinions avoid unnecessary, sweeping pronouncements."<ref name="Goldstein2010PotentialNom"/> Garland has a reputation for collegiality and his opinions rarely draw a dissent.<ref name=BNA>{{cite news |last1=Taylor |first1=Tom P. |title=Garland Brings Centrist Flair to D.C. Circuit With Laissez-Faire Approach to Agency Action |url=http://www.bna.com/garland-brings-centrist-n57982068551/ |archive-url=https://web.archive.org/web/20160318050740/http://www.bna.com/garland-brings-centrist-n57982068551/ |archive-date=March 18, 2016 |access-date=March 24, 2016|work=Bloomberg BNA United States Law Week |date=March 8, 2016}}</ref> As of 2016, Garland had written just fifteen dissents in his two decades on the court, fewer than his colleague [[Brett Kavanaugh]], who wrote some 17 dissents over the previous decade.<ref name=BNA/>

====Administrative and environmental law====
Garland has tended to favor deference to regulatory agencies.<ref>{{cite news |first=David G. |last=Savage |url=https://www.latimes.com/nation/la-na-garland-legal-analysis-20160318-story.html |title=Analysis: Supreme Court nominee Merrick Garland has a record of restraint, not activism |work=[[Los Angeles Times]] |quote=Garland 'is almost always deferential to agency interpretations of statutes,' UCLA law professor Ann Carlson wrote |date=March 18, 2016 |access-date=March 20, 2016 }}</ref> For example, in ''In re Aiken County'' (2013), Garland dissented when the court issued [[mandamus]] ordering the [[Nuclear Regulatory Commission]] to process the [[Yucca Mountain nuclear waste repository]] license.<ref>{{cite web |first=Rita Ann |last=Cicero |url=https://content.next.westlaw.com/Document/Idfa7a32415eb11e38578f7ccc38dcbee/View/FullText.html |title=D.C. Circuit orders completion of Yucca Mountain nuclear facility review |work=Westlaw Journal Environmental |date=September 4, 2013 |access-date=September 30, 2013 }}</ref> In ''[[Americans for Safe Access v. Drug Enforcement Administration]]'' (2013), Garland joined a divided court upholding the [[Drug Enforcement Administration|DEA]]'s [[Removal of cannabis from Schedule I of the Controlled Substances Act|classification of marijuana as a Schedule I drug]].<ref name=NYT1/> However, according to Goldstein, in a number of split decisions on [[environmental law]] Garland "favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by [[Environmentalism|environmental groups]]."<ref name="Goldstein2010PotentialNom"/> In ''Rancho Viejo, LLC v. Norton'' (2003), Garland found the [[arroyo toad]] was protected by the federal [[Endangered Species Act]].<ref>{{cite news |last1=Rosen |first1=Jeffery |title=The Nomination of Merrick Garland is a Victory for Judicial Restraint |url=https://www.theatlantic.com/politics/archive/2016/03/why-merrick-garland-is-a-judges-judge/474246/ |access-date=March 31, 2016 |work=The Atlantic |date=March 17, 2016}}</ref> Circuit Judge [[John Roberts]] dissented from the denial of rehearing [[en banc]], writing that Congress's [[interstate commerce]] power cannot reach "a hapless toad that, for reasons of its own, lives its entire life in California."<ref>{{cite news |last1=Bravender|first1=Robin |title=Garland and the case of the 'hapless toad' |url=http://www.eenews.net/stories/1060034204 |archive-url=https://web.archive.org/web/20160320233929/http://www.eenews.net/stories/1060034204 |archive-date=March 20, 2016 |access-date=March 31, 2016 |work=Greenwire |date=March 17, 2016}}</ref>

====Criminal law and whistleblower protection====
While on the [[bench (law)|bench]], Garland has shown a tendency to be deferential to the government in criminal cases, siding with prosecutors in ten of the fourteen criminal cases in which he disagreed with a colleague.<ref name=NYTcriminal>{{cite news |last1=Savage |first1=Charlie |title=In Criminal Rulings, Garland Has Usually Sided With Law Enforcement |url=https://www.nytimes.com/2016/03/23/us/politics/merrick-garland-supreme-court-nominee.html?_r=0 |access-date=March 24, 2016|work=The New York Times |date=March 23, 2016 |page=A13}}</ref> For example, in ''United States v. Watson'' (1999), Garland dissented when the court concluded a prosecutor's closing argument was unduly [[Harmless error|prejudicial]], objecting that a conviction should be reversed for only "the most egregious of these kind of errors."<ref name=NYTcriminal/> In 2007, Garland dissented when the [[en banc]] D.C. Circuit reversed the conviction of a [[Metropolitan Police Department of the District of Columbia|Washington, D.C. police]] officer who had accepted bribes in an FBI sting operation.<ref name="WashPo3/18">{{cite news |last1=Barnes |first1=Robert |title=The respectful disagreements of Judge Merrick Garland |url=https://www.washingtonpost.com/politics/courts_law/the-respectful-disagreements-of-judge-merrick-garland/2016/03/18/7f8eee4e-ed17-11e5-b0fd-073d5930a7b7_story.html |access-date=March 23, 2016 |newspaper=The Washington Post |date=March 18, 2015}}</ref>

Garland has taken a broad view of [[whistleblower protection in the United States|whistleblower protection]] laws, such as the [[False Claims Act]] (FCA),<ref name="LoughranSwann">{{cite web |last1=Loughran |first1=Matthew |last2=Swann |first2=James |url=http://www.bna.com/judge-garland-good-n57982068731/ |title=Judge Garland Would Be Good for HHS, CMS, Attorneys Say |work=Bloomberg BNA |date=March 18, 2016 |access-date=March 20, 2016 }}</ref> which creates a private cause of action against those [[fraud|defrauding]] the federal government.<ref name="WashPo3/18"/> For example, in ''United States ex rel. Yesudian v. Howard University'' (1998), Garland wrote for the court in holding that a plaintiff alleging he had been fired by [[Howard University]] for whistleblowing could sue under the FCA for retaliation.<ref name=Goldstein2010PotentialNom/> In ''United States ex rel. Totten v. Bombardier Corp.'' (2004), Garland dissented when the court, in an opinion written by Judge John Roberts, held that the FCA did not apply to false claims submitted to Amtrak because Amtrak is not the government.<ref name="WashPo3/18"/><ref name="LoughranSwann"/> Roberts justified his narrow reading by citing a book by circuit judge [[Henry Friendly]].<ref>{{cite court |url=https://scholar.google.com/scholar_case?case=17401514961045059989&hl=en&as_sdt=2006 |litigants=US ex rel. Totten v. Bombardier Corp. |vol=380 |reporter=F.3d |opinion=488 |court=D.C. Cir. |date=2004 }} (citing Henry J. Friendly, ''Benchmarks'' (1967)).</ref> In dissent, Garland (who like Roberts had clerked for Friendly), cited Friendly's book as supporting the use of [[legislative intent]],<ref name="WashPo3/18"/> writing that Roberts was relying on "'canons' of [[statutory construction]], which serve there as 'cannons' of statutory destruction."<ref name="LoughranSwann"/><ref>{{cite news |last1=Palazzolo |first1=Joe |title=Judge Garland's Career in Dissent |url=https://blogs.wsj.com/law/2016/03/17/judge-garlands-career-in-dissent/ |access-date=March 23, 2016 |work=[[The Wall Street Journal]] |date=March 17, 2016}}</ref> Garland's dissent, expressing concerns that the court's ruling would impede the government's ability to pursue false claims cases against federal grantees, is credited with sparking the [[Fraud Enforcement and Recovery Act of 2009]], which eliminated the loophole.<ref name="LoughranSwann"/> During confirmation hearings in 2005, Senator Chuck Grassley sharply questioned Roberts on why he had not adopted Garland's reading.<ref name="WashPo3/18"/> Roberts replied, "Any time Judge Garland disagrees, you know you're in a difficult area."<ref name="WashPo3/18"/>

====National security====
During Garland's tenure, the D.C. Circuit reviewed cases arising from the [[Guantanamo Bay detention camp]]. In ''[[al Odah v. United States]]'' (2003), a panel that included Garland unanimously held that federal courts could not hear challenges from Guantanamo detainees.<ref name="Goldstein2010PotentialNom"/> In July 2011, Garland wrote for the unanimous panel when it rejected Guantanamo detainee [[Moath Hamza Ahmed al Alawi]]'s petition for ''[[habeas corpus]]''.<ref>{{Bluebook journal |first=|last=Note|title=Recent Case: D.C. Circuit Holds the Government’s Authority Has Not Unraveled|volume=132 |journal=[[Harvard Law Review|Harv. L. Rev.]] | page=1542 | url=https://harvardlawreview.org/wp-content/uploads/2019/03/1542-1549_Online.pdf| year=2019}}</ref><ref>{{cite court|litigants=Al-Alwi v. Obama|vol=653|reporter=F3d|opinion=11|court=D.C. Cir.|date=2011|url= https://scholar.google.com/scholar_case?case=11940843200338139849}}</ref> In ''[[Parhat v. Gates]]'' (2008), Garland wrote for a panel that unanimously overturned the [[Combatant Status Review Tribunal]]'s determination that a [[Uyghur detainees at Guantanamo Bay|captured Uyghur]] was an [[enemy combatant]].<ref name="NewYorkTimes20080624">{{cite news |url=https://www.nytimes.com/2008/06/24/washington/24combatant.html |title=Court Voids Finding on Guantánamo Detainee |newspaper=[[The New York Times]] |first=William|last=Glaberson |date=June 24, 2008 |access-date=June 24, 2008}}</ref> In ''Saleh v. Titan Corp.'' (2009), Garland dissented from the court's holding that former Iraqi detainees at [[Abu Ghraib prison]] could not sue [[private military contractor]]s who participated in [[Abu Ghraib torture and prisoner abuse|torture and prisoner abuse]]. Garland wrote that the suit should be allowed to proceed because "no act of Congress and no judicial precedent" immunized the contractors from [[tort]] liability, the [[Federal Tort Claims Act]] specifically excludes contractors, and tort liability would not interfere with government operations.<ref>{{cite news |first=Warren |last=Richey |url=https://www.csmonitor.com/USA/Justice/2011/0627/Supreme-Court-declines-to-take-up-Abu-Ghraib-detainee-lawsuit |title=Supreme Court declines to take up Abu Ghraib detainee lawsuit |work=Christian Science Monitor |date=June 27, 2011 |access-date=July 1, 2011 }}</ref><ref>{{cite book |first=Mark |last=Gibney |chapter=Litigating Transnational Human Rights Obligations |title=Challenging Territoriality in Human Rights Law: Building Blocks for a Plural and Diverse Duty-Bearer Regime |publisher=Routledge |year=2015 |editor-first=Wouter |editor-last=Vandenhole |page=103 |isbn=9781317628965 |chapter-url=https://books.google.com/books?id=zKTwCQAAQBAJ&pg=PA103 }}</ref><ref name="NYTCloseLook"/>

====First Amendment====
According to Goldstein, Garland has "tended to take a broader view" of [[First Amendment to the United States Constitution|First Amendment]] rights.<ref name="Goldstein2010PotentialNom"/> In cases involving the [[Freedom of Information Act (United States)|Freedom of Information Act]] and similar provisions related to [[government transparency]], "Judge Garland's rulings reflect a preference for open government."<ref name="Goldstein2010PotentialNom"/> In ''ACLU v. CIA'' (2013), Garland wrote for a panel unanimously rejecting the agency's [[Glomar response]] and ordering it to process the ACLU's FOIA request regarding [[targeted killing]]s by CIA drones.<ref name=rcfp>{{cite web|title=Judge Merrick Garland's media law cases|url=https://www.rcfp.org/garland/ |work=[[Reporters Committee for Freedom of the Press]]|access-date=June 8, 2016|date=March 18, 2016}}</ref> In ''Cause of Action v. FTC'' (2015), Garland wrote for a panel unanimously overturning the agency's limitation on FOIA fee waivers to large [[news media|news outlets]].<ref name=rcfp/>

In ''Lee v. Department of Justice'' (2005), Garland dissented from the denial of rehearing en banc after the D.C. Circuit affirmed the [[United States District Court for the District of Columbia|district court]]'s order holding reporters in [[contempt of court]] for [[reporter's privilege|refusing to testify]] about their [[anonymous source]]s during the [[Wen Ho Lee]] investigation.<ref name="NYTCloseLook">{{cite news |last1=Liptak |first1=Adam |title=Where Merrick Garland Stands: A Close Look at His Judicial Record |url=https://www.nytimes.com/2016/03/18/us/politics/merrick-garlands-record-and-style-hint-at-his-appeal.html |access-date=March 24, 2016 |work=The New York Times |date=March 18, 2016 |page=A1}}</ref><ref name="AlmanancFedJudiciary">{{cite book |url=https://books.google.com/books?id=1PW0pzLlL2cC&pg=RA1-PA7 |title=Almanac of the Federal Judiciary |publisher=[[Aspen Publishers]] |year=2011 |volume=1 |page=7 |isbn=978-0735568891 }}</ref> Garland wrote that the panel had erred in failing to "[[Balancing test|weigh]] the public interest in protecting the reporter's sources against the private interest in compelling disclosure" and that the decision "undermined the Founders' intention to protect the press 'so that it could bare the secrets of government and inform the people.'"<ref name="AlmanancFedJudiciary"/> In ''Initiative & Referendum Institute v. U.S. Postal Service'' (2005), Garland wrote for the court, holding that a [[United States Postal Service|U.S. Postal Service]] regulation banning signature-gathering for [[petition]]s at post offices violated the First Amendment.<ref name="Goldstein2010PotentialNom"/><ref name="AlmanancFedJudiciary"/> Garland found the regulation to be [[Facial challenge|facially]] overbroad and not [[Narrow tailoring|narrowly tailored]].<ref name="AlmanancFedJudiciary"/>

In cases involving [[Campaign finance reform in the United States|campaign finance reform]] laws, Garland has applied ''[[Citizens United v. Federal Election Commission]]'' when he believed that he was compelled to do so, but he has not sought to extend its holding.<ref name="NYTCloseLook"/> In ''Wagner v. Federal Election Commission'' (2015), Garland wrote for the unanimous en banc D.C. Circuit in upholding a prohibition on campaign contributions from [[federal contractor]]s because of the governmental interest in preventing [[Political corruption|corruption]].<ref name="NYTCloseLook"/><ref name="HasenElectionLaw">{{cite web |first=Rick |last=Hasen |author-link=Rick Hasen |url=http://electionlawblog.org/?p=80981 |title=Judge Merrick Garland: A Moderate Liberal on Election Law Issues, With Questions About Boldness |work=Election Law Blog |date=March 17, 2016 |access-date=March 20, 2016 }}</ref> In ''[[National Association of Manufacturers]] v. Taylor'' (2009), Garland wrote for the court in a decision upholding the constitutionality of [[lobbyist]] disclosure requirements under the [[Honest Leadership and Open Government Act]].<ref name="RCFPMediaLaw">{{cite web |url=https://www.rcfp.org/judge-garland |title=Judge Merrick Garland's media law cases: A summary of First Amendment and Freedom of Information Act cases decided by U.S. Supreme Court nominee Merrick Garland |publisher=Reporters Committee for Freedom of the Press |date=March 18, 2016 |access-date=March 20, 2016 }}</ref><ref name="HasenElectionLaw"/> Professor [[Richard L. Hasen|Rick Hasen]], an election-law expert, writes that Garland's opinions on election law are characterized by careful application of precedent and indicate that Garland believes in reasonable regulation.<ref name="HasenElectionLaw"/>

Garland has addressed a number of [[religious freedom]] cases while on the D.C. Circuit, although several of these have been decided on procedural grounds.<ref name="ReligiousFreedom">{{cite news |url=https://www.washingtonpost.com/news/acts-of-faith/wp/2016/03/16/merrick-garlands-record-on-religious-freedom-cases-including-the-contraception-case-now-before-the-supreme-court/ |title=Merrick Garland's record on religious freedom cases, including the contraception case now before the Supreme Court |newspaper=[[The Washington Post]]|first=Julie|last=Zauzmer |date=March 16, 2016 |access-date=March 20, 2016 }}</ref> In 2002, Garland joined a unanimous court in ruling for two federal prisoners who were denied the right to consume [[communion wine]].<ref name="ReligiousFreedom"/><ref>{{cite court |litigants=Levitan v. Ashcroft |url=https://www.cadc.uscourts.gov/internet/opinions.nsf/0F5CDE85D8BFCF3A85256F82005D20B9/%24file/00-5346a.txt |vol=281 |reporter=F.3d |opinion=1313 |court=[[United States Court of Appeals for the District of Columbia Circuit|D.C. Cir.]] |date=2002 }}</ref> In 2010, Garland wrote the decision for a unanimous court in favor of an Interior Department employee who brought a religious-discrimination claim after the Interior Department refused to allow her to work weekdays rather than Sunday, when she wished to attend church and [[Bible study (Christian)|Bible study]].<ref name="ReligiousFreedom"/><ref>{{cite court |url=https://www.cadc.uscourts.gov/internet/opinions.nsf/D71826B2C2A341D98525780700718A04/$file/09-5291-1264254.pdf |litigants=Payne v. Salazer |vol=619 |reporter=F.3d |opinion=561 |court=D.C. Cir. |year=2010 }}</ref>

====Second Amendment====
In 2007, Garland voted in favor of ''[[en banc]]'' review of the D.C. Circuit's panel decision in ''[[District of Columbia v. Heller|Parker v. District of Columbia]]'' invalidating the [[Gun laws in the District of Columbia|D.C. handgun ban]]. The Supreme Court subsequently affirmed this invalidation 5–4 in an opinion by Justice Scalia.<ref name="Goldstein2010PotentialNom"/>

====Other cases====
In ''Alexander v. Daley'' (2003), Garland joined a decision (authored by Judge [[Colleen Kollar-Kotelly]]), rejecting a challenge brought by District of Columbia residents seeking [[District of Columbia voting rights|D.C. congressional voting rights]].<ref name=wapo.voting/><ref name=cp.voting>{{cite news |last=Cavendish |first=Steve |date=March 16, 2016 |title=Obama to Nominate Merrick Garland, Who Wrote Decision Opposing D.C. Voting Rights |url=http://www.washingtoncitypaper.com/blogs/citydesk/2016/03/16/obama-to-nominate-merrick-garland-who-wrote-decision-opposing-d-c-voting-rights/ |newspaper=[[The Washington City Paper]] |location=Washington DC |access-date=March 18, 2016}}</ref>

In ''Hutchins v. District of Columbia'' (1999), Garland concurred with four other D.C. Circuit judges (''en banc'') that D.C.'s Juvenile Curfew Act of 1995 implicated at least some significant right of [[Minor (law)|minors]].<ref>Gabrielle M. Duvall, ''Recent Decisions: From Dusk Till Dawn: The D.C. Circuit's Examination of Juvenile Nocturnal Rights'', 68 ''[[George Washington Law Review]]'' 710 (2000).</ref> He joined parts of a [[plurality opinion]] written by Judge [[Laurence Silberman]] that upheld the [[Curfew#United States|juvenile curfew]] under [[intermediate scrutiny]] and a [[Vagueness doctrine|vagueness]] challenge. Garland also joined the part of Judge [[Judith W. Rogers]]'s opinion (concurring in part and dissenting in part) holding that a [[Freedom of movement under United States law|fundamental right to intrastate travel]] exists.<ref>{{cite journal |first=Patryk J. |last=Chudy |url=https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2782&context=clr |title=Doctrinal Reconstruction: Reconciling Conflicting Standards in Adjudicating Juvenile Curfew Challenges |volume=85 |journal=[[Cornell Law Review]] |issue=518 |pages=541–48 |year=2000 }}</ref>

===Retirement===
Garland retired from federal judicial service on March 11, 2021, to accept appointment as the [[Attorney general|Attorney General]] of the United States.<ref name="fjc.gov">{{FJC Bio|nid=1381046|inline=yes|access-date=September 11, 2021|date-format=mdy}}</ref>

==Supreme Court nomination==
Garland was considered twice to fill vacated seats on the United States Supreme Court in 2009 and 2010, before finally being nominated in 2016 by President [[Barack Obama]] for the seat left vacant by the death of conservative Associate Justice [[Antonin Scalia]].<ref>{{cite news |first=Gardiner |last=Harris |url=https://www.nytimes.com/live/obama-supreme-court-nomination/garland-had-been-on-obamas-short-list |title=For Garland, Third Time Was Charm |work=The New York Times |date=March 16, 2016 |access-date=March 20, 2016 }}</ref>

===2009 and 2010 considerations===
In 2009, following the announcement by Justice [[David Souter]] that he would retire, Garland was considered as one of nine finalists for the post, which ultimately went to [[Sonia Sotomayor]], then a judge of the Second Circuit.<ref>{{cite news |last1=Baker |first1=Peter |author-link=Peter Baker (journalist) |last2=Nagourney |first2=Adam |url=https://www.nytimes.com/2009/05/28/us/politics/28select.html |title=Sotomayor Pick a Product of Lessons From Past Battles |work=The New York Times |date=May 27, 2009 |access-date=June 1, 2009 |archive-date=March 16, 2015 |archive-url=https://web.archive.org/web/20150316085646/http://www.nytimes.com/2009/05/28/us/politics/28select.html |url-status=live}}</ref>

After the April 2010 announcement by Justice [[John Paul Stevens]] that he would retire, Garland was again widely seen as a leading contender for a nomination to the [[Supreme Court of the United States]].<ref>{{cite news |url=https://www.latimes.com/archives/la-xpm-2010-apr-10-la-na-stevens-thumbs10-2010apr10-story.html |work=[[Los Angeles Times]] |title=Profiles of three possible successors to Justice John Paul Stevens |date=April 10, 2010 |access-date=May 12, 2010 |archive-date=January 9, 2021 |archive-url=https://web.archive.org/web/20210109213717/https://www.latimes.com/archives/la-xpm-2010-apr-10-la-na-stevens-thumbs10-2010apr10-story.html |url-status=live}}</ref><ref>{{cite news |first=Ariane |last=de Vogue |url=https://abcnews.go.com/print?id=9740077 |title=White House Prepares for Possibility of 2 Supreme Court Vacancies |work=ABC News |date=February 4, 2010 |access-date=March 1, 2010 }}</ref><ref>{{cite news |first=Jess |last=Bravin |url=https://www.wsj.com/articles/SB10001424052748703894304575047603606503576?mod=WSJ_newsreel_us |title=Democrats Divide on Voice of Possible Top-Court Pick |work=[[The Wall Street Journal]] |date=February 8, 2010 |access-date=March 1, 2010 }}</ref> President Obama interviewed Garland, among others, for the vacancy.<ref name="ShearHarris">{{cite news |first1=Michael D. |last1=Shear |first2=Gardiner |last2=Harris |url=https://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html |title=Obama to Nominate Merrick Garland to Supreme Court |date=March 16, 2016 |newspaper=The New York Times |access-date=March 16, 2016 |archive-date=March 16, 2016 |archive-url=https://web.archive.org/web/20160316121409/http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html |url-status=live}}</ref> In May 2010, Senator [[Orrin Hatch]], Republican of Utah, said he would help Obama if Garland was nominated, calling Garland "a consensus nominee" and predicting that Garland would win Senate confirmation with bipartisan support.<ref>{{Cite news |url=https://www.reuters.com/article/us-usa-court-hatch-idUSTRE6456QY20100506|title=Republican would back Garland for Supreme Court|date=May 6, 2010|work=Reuters|first=Thomas|last=Ferraro|access-date=March 16, 2016}}</ref><ref>{{cite news |last=Burr |first=Thomas |date=March 16, 2016 |title=White House notes Hatch called Supreme Court nominee a 'consensus' pick in 2010 |url=https://archive.sltrib.com/article.php?id=3670228&itype=CMSID |newspaper=Salt Lake Tribune |location=Salt Lake City |access-date=March 16, 2016}}</ref> Obama nominated [[Solicitor General of the United States]] [[Elena Kagan]], who was confirmed in August 2010.<ref name="ShearHarris" />

===Scalia vacancy and 2016 nomination===
{{main|Merrick Garland Supreme Court nomination}}
[[File:Merrick Garland speaks at his Supreme Court nomination with President Obama.jpg|thumb|Garland with President [[Barack Obama]] in 2016]]
On February 13, 2016, Supreme Court Justice [[Antonin Scalia]] died.<ref>{{cite news |url=https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |title=Three More Judges Said to be Vetted for Supreme Court |newspaper=[[The New York Times]]|first=Julie|last=Hirschfeld Davis |date=March 4, 2016 |access-date=February 11, 2017 |archive-date=August 24, 2018 |archive-url=https://web.archive.org/web/20180824165143/https://www.nytimes.com/2016/03/05/us/politics/three-more-judges-said-to-be-vetted-for-supreme-court.html |url-status=live}}</ref> Later that day, Senate Republicans led by Majority Leader [[Mitch McConnell]] issued a statement that they would not consider any nominee put forth by Obama, and that a [[Nomination and confirmation to the Supreme Court of the United States|Supreme Court nomination]] should be left to the next president of the United States.<ref name="politico160213">{{cite news |url=https://www.politico.com/story/2016/02/mitch-mcconnell-antonin-scalia-supreme-court-nomination-219248 |title=McConnell throws down the gauntlet: No Scalia replacement under Obama |date=February 13, 2016 |newspaper=Politico |first=Burgess |last=Everett |access-date=March 16, 2016 |archive-date=September 19, 2020 |archive-url=https://web.archive.org/web/20200919045954/https://www.politico.com/story/2016/02/mitch-mcconnell-antonin-scalia-supreme-court-nomination-219248 |url-status=live}}</ref><ref>{{cite news |first=Jonathan |last=Chait |author-link=Jonathan Chait |url=https://nymag.com/intelligencer/2016/02/senate-court-blockade-has-never-happened-before.html |title=No, the Senate's Supreme Court Blockade Has Never Happened in American History |work=New York |date=February 23, 2016 |access-date=March 1, 2016}}</ref><ref>{{cite news |last1=McAuliff |first1=Michael |first2=Jennifer |last2=Bendery |author-link2=Jennifer Bendery |url=https://www.huffpost.com/entry/lindsey-graham-supreme-court-blockade_n_56e1a57fe4b065e2e3d504b4 |title=Republican Admits Supreme Court Blockade Is Unprecedented |work=The Huffington Post |date=March 10, 2016 |access-date=March 30, 2016 }}</ref> President Obama responded that he intended to "fulfill my constitutional duty to appoint a judge to our highest court,"<ref>{{cite web |first=Barack |last=Obama |url=https://www.scotusblog.com/2016/02/a-responsibility-i-take-seriously/ |title=A Responsibility I Take Seriously |work=SCOTUSBlog |date=February 24, 2016 |access-date=March 1, 2016 }}</ref><ref>{{cite news |first=Adam |last=Liptak |url=https://www.nytimes.com/2016/02/25/us/politics/obama-scotus-post-nominee-translated.html |title=Obama's Scotusblog Post: Reading Between the Lines |work=[[The New York Times]] |date=February 24, 2016 |access-date=March 1, 2016 }}</ref> and that there was no "well established tradition" that a president could not fill a Supreme Court vacancy during their last year in office.<ref>{{cite news |last=Ramsey |first=David |url=https://arktimes.com/arkansas-blog/2016/02/24/president-obama-responds-to-mitch-mcconnell-on-supreme-court-vacancy |title=President Obama responds to Mitch McConnell on Supreme Court vacancy |work=[[Arkansas Times]] |date=February 24, 2016 |access-date=March 1, 2016 |quote=The one thing I think is important to dispel is any notion that somehow that this is some well established tradition, or some constitutional principle, that a president in his last year in office cannot fill a Supreme Court vacancy. }}</ref>

In early March 2016, ''[[The New York Times]]'' reported that Garland was being vetted by the Obama administration as a potential nominee. A week later, Garland was named as one of three judges on the President's "short list" (along with Judge [[Sri Srinivasan]], also of the D.C. Circuit, and Judge [[Paul J. Watford]] of the Ninth Circuit). Obama interviewed all three leading contenders, as well as two others who were being considered: Judge [[Jane L. Kelly]] of the [[United States Court of Appeals for the Eighth Circuit|U.S. Court of Appeals for the Eighth Circuit]] and Judge [[Ketanji Brown Jackson]] of the [[United States District Court for the District of Columbia|U.S. District Court for the District of Columbia]].<ref>{{cite web |first=Nina |last=Totenberg |author-link=Nina Totenberg |url=https://www.npr.org/2016/03/08/469722360/president-obama-meets-with-supreme-court-candidates |title=President Obama Meets With Supreme Court Candidates |publisher=NPR |date=March 8, 2016 |access-date=March 30, 2016 }}</ref> Soon afterward, Senator [[Orrin Hatch]], [[President pro tempore of the United States Senate]] and the most senior Republican Senator, predicted that President Obama would "name someone the liberal Democratic base wants" even though he "could easily name Merrick Garland, who is a fine man."<ref>{{cite magazine |title=Orrin Hatch once said there was "no question" Merrick Garland could be confirmed to the Supreme Court. |url=https://newrepublic.com/minutes/131676/orrin-hatch-said-no-question-merrick-garland-confirmed-supreme-court|last=Shepherd |first=Alex |access-date=September 11, 2021 |date=March 16, 2016 |magazine=[[The New Republic]]}}</ref> Five days later, on March 16, Obama formally nominated Garland to the vacant post of Associate Justice of the Supreme Court of the [[United States]].<ref name="NYTAnnouncement">{{cite news |first1=Michael D. |last1=Shear |first2=Gardiner |last2=Harris |url=https://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html |title=Obama Chooses Merrick Garland for Supreme Court |date=March 16, 2016|newspaper=The New York Times |access-date=February 11, 2017 |archive-date=March 16, 2016 |archive-url=https://web.archive.org/web/20160316121409/http://www.nytimes.com/2016/03/17/us/politics/obama-supreme-court-nominee.html |url-status=live}}</ref><ref>{{cite news |first1=Juliet |last1=Eilperin |first2=Mike |last2=DeBonis |first3=Jerry |last3=Markon |title=President Obama nominates Merrick Garland to the Supreme Court |newspaper=The Washington Post |date=March 16, 2016 |url=https://www.washingtonpost.com/world/national-security/president-obama-to-nominate-merrick-garland-to-the-supreme-court-sources-say/2016/03/16/3bc90bc8-eb7c-11e5-a6f3-21ccdbc5f74e_story.html |access-date=September 11, 2021}}</ref>

Garland had more federal judicial experience than any other Supreme Court nominee in history,<ref name=PoliticoWheaton/> and was the oldest Supreme Court nominee since [[Lewis F. Powell Jr.]] in 1971.<ref>{{cite news |first1=Oliver |last1=Roeder |title=Merrick Garland Is The Oldest Supreme Court Nominee Since Nixon Was President |work=[[FiveThirtyEight]] |date=March 16, 2016 |url=https://fivethirtyeight.com/features/merrick-garland-age-supreme-court/ |access-date=September 11, 2021}}</ref> The [[American Bar Association]] (ABA) [[Standing Committee on the Federal Judiciary]] unanimously rated Garland "well-qualified" (its highest rating) to sit on the Supreme Court.<ref>{{cite web |url=https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/web-rating-chart-114.pdf |access-date=September 11, 2021 |title=Ratings of Article III and Article IV Judicial Nominees (114th Congress) |publisher=[[American Bar Association]] Standing Committee on the Federal Judiciary |year=2016}}</ref>

Under [[Senate Majority Leader]] [[Mitch McConnell]], the Senate's Republican majority refused to consider Garland's nomination, holding "no hearings, no votes, no action whatsoever" on the nomination.<ref>{{cite web |first=Nina |last=Totenberg |author-link=Nina Totenberg |url=https://www.npr.org/2016/09/06/492857860/173-days-and-counting-gop-unlikely-to-end-blockade-on-garland-nomination-soon |title=170-Plus Days And Counting: GOP Unlikely To End Supreme Court Blockade Soon |work=[[NPR]] |date=September 6, 2016 |archive-url=https://web.archive.org/web/20180930134026/https://www.npr.org/2016/09/06/492857860/173-days-and-counting-gop-unlikely-to-end-blockade-on-garland-nomination-soon |archive-date=September 30, 2018 |access-date=September 11, 2021}}</ref><ref name=LiptakUnprecedented>{{cite news |first=Adam |last=Liptak |author-link=Adam Liptak |access-date=September 11, 2021 |url=https://www.nytimes.com/2016/06/14/us/politics/obama-supreme-court-merrick-garland.html |title=Study Calls Snub of Obama's Supreme Court Pick Unprecedented |newspaper=[[The New York Times]] |date=June 14, 2016 |quote=After a comprehensive look at every past Supreme Court vacancy, two law professors have concluded that it is an unprecedented development{{spaces}}... That categorical stance is new in the nation's history, the professors, Robin Bradley Kar and Jason Mazzone, wrote in a study published online by The [[New York University Law Review]].}}</ref><ref name="mcconnell_on_supreme_court_nomination_2016_03_16">{{cite web |url=https://www.republicanleader.senate.gov/newsroom/remarks/mcconnell-on-supreme-court-nomination |first=Mitch |last=McConnell |author-link=Mitch McConnell |title=McConnell On Supreme Court Nomination |date=March 16, 2016 |work=republicanleader.senate.gov |access-date=September 21, 2020 }}</ref> McConnell's categorical refusal to hold hearings on Garland's nomination was described by political scientists and legal scholars as unprecedented,<ref name=LiptakUnprecedented/><ref>{{Cite book |last1=Schier |first1=Steven E. |isbn=9781538105757 |url=https://books.google.com/books?id=CgY3DwAAQBAJ&pg=PA71 |title=The Trump Presidency: Outsider in the Oval Office |last2=Eberly |first2=Todd E. |publisher=Rowman & Littlefield |year=2017 |page=71 |access-date=October 11, 2018 |archive-url=https://web.archive.org/web/20210911171105/https://books.google.com/books?id=CgY3DwAAQBAJ&pg=PA71 |archive-date=September 11, 2021 |url-status=live}}</ref><ref>{{Cite web|last=Handelsman Shugerman|first=Jed|title=Constitutional Hardball vs. Beanball: Identifying Fundamentally Antidemocratic Tactics|url=https://columbialawreview.org/content/hardball-vs-beanball-identifying-fundamentally-antidemocratic-tactics/ |year=2019 |volume=119|number=3|url-status=live|archive-url=https://web.archive.org/web/20190530123602/https://columbialawreview.org/content/hardball-vs-beanball-identifying-fundamentally-antidemocratic-tactics/|archive-date=May 30, 2019|access-date=May 30, 2019|website=[[Columbia Law Review]] |language=en}}</ref> McConnell's choice to lead a Republican blockade of the nomination was described as a "culmination of <nowiki>[his]</nowiki> confrontational style,"<ref name=":4">{{Cite book|url=https://www.palgrave.com/gp/book/9783319410326#aboutBook|title=The Obama Presidency and the Politics of Change |journal=|publisher=Palgrave Macmillan|year=2017|editor-last=Ashbee|editor-first=Edward|pages=55, 62|doi=10.1007/978-3-319-41033-3|isbn=978-3-319-41032-6|access-date=October 6, 2018|editor-last2=Dumbrell|editor-first2=John|archive-url=https://web.archive.org/web/20181130202254/https://www.palgrave.com/gp/book/9783319410326#aboutBook|archive-date=November 30, 2018|url-status=live }}</ref> and an example of [[constitutional hardball]].<ref name=":12">{{cite news |last1=Fishkin |first1=Joseph |last2=Pozen |first2=David E. |date=2018 |title=Asymmetric Constitutional Hardball |work=Columbia Law Review |volume=118 |number=3 |url=https://columbialawreview.org/content/asymmetric-constitutional-hardball/ |url-status=live |archive-url=https://web.archive.org/web/20190119095233/https://columbialawreview.org/content/asymmetric-constitutional-hardball/ |archive-date=January 19, 2019 |access-date=September 11, 2021}}</ref> [[Yascha Mounk]] called it a "blatant abuse of constitutional norms."<ref name=":10">{{cite book |last=Mounk |first=Yascha |date=2018 |title=The People vs. Democracy |url=https://www.hup.harvard.edu/catalog.php?isbn=9780674976825 |url-status=live |archive-url=https://web.archive.org/web/20181127131526/http://www.hup.harvard.edu/catalog.php?isbn=9780674976825 |archive-date=November 27, 2018 |access-date=March 14, 2019 |publisher=Harvard University Press|isbn=9780674976825 }}</ref>

After a period of 293 days, Garland's nomination expired on January 3, 2017, at the end of the [[114th United States Congress|114th Congress]], the 15th nomination to the Supreme Court to lapse at the end of a session of Congress.<ref>{{cite web |first=Jess |last=Bravin |url=https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 |title=President Obama's Supreme Court Nomination of Merrick Garland Expires |work=The Wall Street Journal |date=January 3, 2017 |archive-url=https://web.archive.org/web/20170310012617/https://www.wsj.com/articles/president-obamas-supreme-court-nomination-of-merrick-garland-expires-1483463952 |access-date=September 11, 2021 |archive-date=March 10, 2017 |url-status=live}}</ref><ref>{{cite web |last1=McMillion |first1=Barry |title=Supreme Court Nominations, 1789 to 2020: Actions by the Senate, the Judiciary Committee, and the President |url=https://crsreports.congress.gov/product/pdf/RL/RL33225 |website=Congressional Research Service |access-date=June 5, 2024}}</ref> It was the longest pending period of a [[List of nominations to the Supreme Court of the United States|Supreme Court nominee in history]], far exceeding the 125-day delay faced by the ultimately confirmed Justice Louis Brandeis in 1916.<ref name=LongestDelay>{{cite web |last=Martin |first=Phillip |date=July 18, 2016 |title=Obama's SCOTUS Nominee Suffers Longest Confirmation Delay in History |url=https://progresstexas.org/blog/obamas-scotus-nominee-suffers-longest-confirmation-delay-history|access-date=January 22, 2021 |publisher=Progress Texas}}</ref> On January 31, 2017, President [[Donald Trump]] nominated [[Neil Gorsuch]] to fill the Court vacancy.<ref name="Barnes">{{cite news |url=https://www.washingtonpost.com/politics/trump-picks-colo-appeals-court-judge-neil-gorsuch-for-supreme-court/2017/01/31/2b08a226-e55e-11e6-a547-5fb9411d332c_story.html|title=Trump picks Colo. appeals court judge Neil Gorsuch for Supreme Court |last=Barnes |first=Robert |date=January 31, 2017 |newspaper=[[The Washington Post]] |access-date=February 1, 2017 |archive-date=February 1, 2017 |archive-url=https://web.archive.org/web/20170201013448/https://www.washingtonpost.com/politics/trump-picks-colo-appeals-court-judge-neil-gorsuch-for-supreme-court/2017/01/31/2b08a226-e55e-11e6-a547-5fb9411d332c_story.html |url-status=live}}</ref> On April 7, 2017, the Senate confirmed Gorsuch's nomination to the Supreme Court.

McConnell went on to boast about stopping Garland's nomination, saying in August 2016, "one of my proudest moments was when I looked Barack Obama in the eye and I said, 'Mr. President, you will not fill the Supreme Court vacancy.'"<ref>{{cite web |last1=Scarce |first1=Ed |title=Mitch McConnell: Proud Moment When I Told Obama 'You Will Not Fill This Supreme Court Vacancy'|url=https://crooksandliars.com/2016/08/mitch-mcconnell-mitch-mcconnell-proud|url-status=live|archive-url=https://web.archive.org/web/20180712030142/https://crooksandliars.com/2016/08/mitch-mcconnell-mitch-mcconnell-proud |date=August 9, 2016 |archive-date=July 12, 2018|access-date=August 2, 2018|work=Crooks and Liars}}</ref><ref>{{cite news |last1=Roarty |first1=Alex|date=August 8, 2016|title=Tea Party-Aligned Kentucky Gov May End 95-Year Democratic Reign|url=https://www.rollcall.com/2016/08/06/tea-party-aligned-kentucky-gov-may-end-95-year-democratic-reign/ |url-status=live|archive-url=https://web.archive.org/web/20160822072110/http://www.rollcall.com/news/politics/34561-2|archive-date=August 22, 2016|access-date=August 21, 2016|publisher=rollcall.com}}</ref> In April 2018, McConnell said the decision not to act upon the Garland nomination was "the most consequential decision I've made in my entire public career".<ref>{{Cite news|author=Alford, Roger|date=April 3, 2018|title=McConnell on midterm elections: 'The wind is going to be in our face'|language=en|work=Kentucky Today|url=https://kentuckytoday.com/stories/mcconnell-on-elections-the-wind-is-going-to-be-in-our-face,12674 |url-status=live|access-date=April 5, 2018|archive-url=https://web.archive.org/web/20180404231010/http://kentuckytoday.com/stories/mcconnell-on-elections-the-wind-is-going-to-be-in-our-face,12674|archive-date=April 4, 2018}}</ref>

==United States Attorney General (2021–2025)==
[[File:Garland being sworn in.jpg|thumb|Garland is sworn in as Attorney General in March 2021.]]

=== Nomination and confirmation ===
President-elect [[Joe Biden]] selected Garland for the position of [[United States attorney general]], with news of the selection coming on January 6, 2021.<ref name=":1">{{cite web |title=Judge Merrick Garland, Attorney General |url=https://buildbackbetter.gov/nominees-and-appointees/merrick-garland/ |website=[[Presidential transition of Joe Biden|Buildbackbetter.gov]] |access-date=January 7, 2021 |url-status=dead |archive-url=https://web.archive.org/web/20210107150808/https://buildbackbetter.gov/nominees-and-appointees/merrick-garland/ |archive-date=January 7, 2021}}</ref><ref>{{cite web|first1=Jess|last1=Bravin|first2=Sadie|last2=Gurman|first3=Aruna|last3=Viswanatha|url=https://www.wsj.com/articles/biden-to-name-appeals-court-judge-merrick-garland-as-attorney-general-11609954069|title=Biden to Name Merrick Garland as Attorney General|work=The Wall Street Journal|date=January 6, 2021}}</ref> He was formally nominated by Biden on January 20, after [[Inauguration of Joe Biden|Biden took office]].<ref>{{cite web |url=https://www.congress.gov/nomination/117th-congress/78/7 |title=PN78-7{{snd}}Merrick Brian Garland{{snd}}Department of Justice |work=117th Congress |date=March 10, 2021 |via=Congress.gov |access-date=September 11, 2021 }}</ref> In [[Senate Judiciary Committee]] confirmation hearings, Garland vowed to oversee vigorous prosecution of those who [[2021 storming of the United States Capitol|stormed the United States Capitol]], and other domestic extremists, drawing on his experience prosecuting the perpetrators of the [[Oklahoma City bombing]].<ref name=GarlandConfirmed>{{Cite web|url=https://www.nytimes.com/2021/03/10/us/politics/merrick-garland-attorney-general-confirmation.html |archive-url=https://ghostarchive.org/archive/20211228/https://www.nytimes.com/2021/03/10/us/politics/merrick-garland-attorney-general-confirmation.html |archive-date=2021-12-28 |url-access=limited|newspaper=The New York Times|title=Merrick Garland Is Confirmed as Attorney General|first=Katie|last=Benner|date=March 10, 2021}}{{cbignore}}</ref><ref name=Pengelly>{{Cite web|first=Martin|last=Pengelly|url=https://www.theguardian.com/us-news/2021/feb/21/merrick-garland-white-supremacists-attorney-general-senate-judiciary-hearing |access-date=September 11, 2021 |title=Merrick Garland vows to target white supremacists as attorney general |newspaper=The Guardian |date=February 21, 2021 }}</ref><ref name=APSharp>{{Cite web |first1=Eric |last1=Tucker |first2=Mary Clare |last2=Jalonick |first3=Michael |last3=Balsamo |url=https://apnews.com/article/merrick-garland-confirmation-hearing-b5f03bc4ab13c8e42bb9994e7b2765d6 |access-date=September 12, 2021 |work=[[Associated Press]] |title=Garland vows sharp focus on Capitol riot as attorney general |date=February 23, 2021}}</ref> Garland said it was likely the Biden administration would place a moratorium on use of the [[federal death penalty]] and expressed reservations about the death penalty in light of the "almost randomness or arbitrariness of its application."<ref name=APSharp/> He pledged to protect [[equal justice under law]] and reinvigorate the DOJ [[Civil Rights Division]], which, according to some media figures, languished under the [[First presidency of Donald Trump|Trump administration]].<ref name=Pengelly/><ref>{{cite web |first1=Jan |last1=Wolfe |first2=Sarah N. |last2=Lynch |url=https://www.reuters.com/article/us-usa-senate-justice/bidens-attorney-general-nominee-garland-vows-to-prioritize-civil-rights-idUSKBN2AL02W |title=Biden's attorney general nominee Garland vows to prioritize civil rights |work=[[Reuters]] |date=February 20, 2021 |access-date=March 11, 2021}}</ref> Garland affirmed that the Justice Department would remain independent under his leadership.<ref name=APSharp/> The Senate Judiciary Committee voted 15–7 to advance Garland's nomination to the Senate floor,<ref>{{Cite web|title=Senate committee advances Merrick Garland's nomination for attorney general|url=https://www.nbcnews.com/politics/congress/senate-committee-advances-garland-nomination-attorney-general-n1259139 |date=March 1, 2021 |access-date=March 1, 2021|website=NBC News|first=Rebecca|last=Shabad|language=en}}</ref><ref>{{Cite web|last=Higgins|first=Tucker|date=March 1, 2021|title=Merrick Garland's nomination to be attorney general advances to full Senate|url=https://www.cnbc.com/2021/03/01/merrick-garland-attorney-general-nomination-advances-in-the-senate.html|access-date=March 10, 2021|website=CNBC|language=en}}</ref> and on March 10, the Senate confirmed Garland's nomination by a vote of 70–30.<ref>{{cite web |url=https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=117&session=1&vote=00114 |title=On the Nomination (Confirmation: Merrick Brian Garland, of Maryland, to be Attorney General) |author= |date=March 10, 2021 |website=U.S. Senate |access-date=March 11, 2021}}</ref><ref name="GarlandConfirmed" /><ref>{{Cite web|first=Alex|last=Rogers|date=March 10, 2021|title=Senate confirms Merrick Garland as attorney general|url=https://edition.cnn.com/2021/03/10/politics/garland-senate-confirmation-vote/index.html|access-date=March 11, 2021|work=[[CNN]]|language=en}}</ref> He was sworn in on March 11, 2021, by Assistant Attorney General for Administration Lee J. Lofthus.<ref name="SwornIn">{{Cite tweet |number=1370023440904716291 |user=TheJusticeDept |title=Judge Merrick Garland takes his oath of office as the 86th Attorney General of the United States as he is sworn in by Assistant Attorney General for Administration Lee Lofthus. |date=March 11, 2021 |access-date=March 11, 2021}}</ref>

=== Tenure ===
In April 2021, Russia imposed sanctions against Garland, including prohibiting him from entering Russia. This was in retaliation for U.S. expulsion of 10 Russian diplomats, a sanction imposed by the United States against Russia for its [[SolarWinds hack]], [[Russo-Ukrainian War|aggression against Ukraine]], and [[Russian interference in the 2020 United States elections|interference in the 2020 U.S. election]].<ref>{{cite news |date=April 16, 2021 |title=Russia retaliates for US diplomatic expulsions |work=BBC News |url=https://www.bbc.com/news/world-europe-56779433 |access-date=September 11, 2021}}</ref>
[[File:P20220516AS-0450 (52195349422).jpg|thumb|Merrick Garland delivering remarks in the East Room of the [[White House]], May 16, 2022. ]]
In May 2021, the DOJ appealed in part a ruling by Judge [[Amy Berman Jackson]] of the [[District Court for the District of Columbia]] to make public most of a DOJ memo detailing former attorney general [[William Barr|Bill Barr]]'s legal rationale for clearing President Trump of [[obstruction of justice]] in the [[Mueller special counsel investigation|Special Counsel investigation]].<ref name=":2">{{Cite web|last=Perez|first=Evan|date=July 28, 2021|title=Liberals may end up liking much of Garland's Justice Department after all|url=https://www.cnn.com/2021/07/28/politics/garland-justice-department/index.html|access-date=July 29, 2021|website=CNN|language=en}}</ref><ref name=":3">{{Cite news|last=Benner|first=Katie|date=July 9, 2021|title=Garland Settles In but Trump Era Still Shadows the Justice Dept.|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/07/09/us/politics/merrick-garland-justice-department.html|access-date=July 29, 2021|issn=0362-4331}}</ref><ref>{{Cite news|last=Savage|first=Charlie|date=May 25, 2021|title=The Justice Dept. will fight to keep secret most of a Barr-era memo on whether Trump obstructed the Russia inquiry.|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/05/25/us/politics/trump-obstruction-barr-russia.html|access-date=July 29, 2021|issn=0362-4331}}</ref><ref>{{Cite news |last=Schmidt |first=Michael S. |date=May 4, 2021 |title=Judge Says Barr Misled on How His Justice Dept. Viewed Trump's Actions |language=en-US |work=The New York Times |url-status=live |url=https://www.nytimes.com/2021/05/04/us/politics/barr-trump-obstruction-russia-inquiry.html |archive-url=https://web.archive.org/web/20210504232454/https://www.nytimes.com/2021/05/04/us/politics/barr-trump-obstruction-russia-inquiry.html |archive-date=2021-05-04 |url-access=limited |access-date=July 29, 2021 |issn=0362-4331}}</ref>

On June 7, 2021, the Justice Department continued its defense of a defamation lawsuit by [[E. Jean Carroll]], arguing that Trump could not be sued because he had denied her rape allegation in offending statements in his presidential capacity. Garland had been deeply involved in the decision. The White House quickly distanced itself from the decision.<ref name=":2" /><ref name=":3" /><ref>{{Cite news|last1=Feuer|first1=Alan|last2=Weiser|first2=Benjamin|date=June 8, 2021|title=Biden Justice Department Seeks to Defend Trump in Suit Over Rape Denial|language=en-US|work=[[The New York Times]]|url=https://www.nytimes.com/2021/06/07/nyregion/trump-jean-carroll-lawsuit.html|access-date=July 29, 2021|issn=0362-4331}}</ref> Garland in a House Judiciary Committee hearing on October 21 stated that the DOJ's briefing was solely on the question of the application of the [[Federal Tort Claims Act]].<ref name=":13">{{Cite web |last=Sneed |first=Tierney |title=Takeaways from Merrick Garland's hearing with the House Judiciary Committee |url=https://www.cnn.com/2021/10/21/politics/garland-house-judiciary-testimony-takeaways/index.html |date=October 31, 2021 |access-date=October 21, 2022 |website=[[CNN]]}}</ref><ref name=":14">{{Cite news |first=Tierney |last=Sneed |date=October 21, 2021 |title=Garland: DOJ 'will apply the facts and the law' when considering Bannon referral |url=https://www.cnn.com/2021/10/21/politics/garland-house-judiciary-hearing-oversight/index.html |access-date=October 21, 2021 |website=[[CNN]] }}</ref>

On July 1, 2021, Garland imposed a moratorium on all [[Capital punishment by the United States federal government|federal executions]] pending a review of relevant policies and procedures.<ref name=":5">{{Cite press release |date=July 1, 2021|title=Attorney General Merrick B. Garland Imposes a Moratorium on Federal Executions; Orders Review of Policies and Procedures |url=https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-imposes-moratorium-federal-executions-orders-review|access-date=July 29, 2021 |website=justice.gov |language=en}}</ref> The review will examine "the risk of pain and suffering associated with the use of [[pentobarbital]]," "regulations made in November 2020 that expanded the permissible methods of execution beyond [[lethal injection]], and authorized the use of state facilities and personnel in federal executions", and "December 2020 and January 2021 changes to expedite execution of capital sentences."<ref name=":5" /><ref name=":6">{{Cite news |last=Swanson |first=Ian |date=July 1, 2021 |title=Garland imposes moratorium on federal executions |url=https://thehill.com/homenews/administration/561255-garland-imposes-moratorium-on-federal-executions|access-date=July 29, 2021 |website=[[The Hill (newspaper)|The Hill]] |language=en}}</ref><ref name=":7">{{Cite web |last1=Lynch |first1=Sarah N. |last2=Beech |first2=Eric |date=July 1, 2021 |title=U.S. attorney general imposes moratorium on federal executions|url=https://www.reuters.com/world/us/us-attorney-general-imposes-moratorium-federal-executions-2021-07-01/|access-date=July 29, 2021|website=Reuters}}</ref> This was consistent with Biden's pledge to push for legislation to end the [[federal death penalty]]. In spite of this, Garland has continued to pursue the death penalty in cases in which a previous administration had sought the death penalty against a suspected terrorist.<ref>{{Cite news |last=Weiser |first=Benjamin |date=January 7, 2023 |title=Suspect in Bike Path Killing Faces First Death Penalty Trial Under Biden |language=en-US |work=[[The New York Times]] |url=https://www.nytimes.com/2023/01/07/nyregion/garland-biden-saipov-death-penalty.html |access-date=January 8, 2023 |issn=0362-4331}}</ref> The Trump administration resumed federal executions in 2019, and executed 13 inmates in total, the first in 17 years and including the first woman in 70 years.<ref name=":6" /><ref name=":7" />

=== Voting rights ===
[[File:Secretary Blinken Co-Leads the U.S.-Mexico High-Level Security Dialogue (52425084091).jpg|thumb|Garland with [[United States Secretary of State|Secretary of State]] [[Antony Blinken]] during the U.S.-Mexico High-Level Security Dialogue in [[Washington, D.C.]], October 13, 2022.]]
In June 2021, Garland pledged to double the department's enforcement staff for protecting the right to vote, in response to [[Republican efforts to restrict voting following the 2020 presidential election|Republican Party efforts to restrict voting following the 2020 presidential election]],<ref>{{Cite web |date=June 11, 2021 |title=Attorney General Merrick B. Garland Delivered a Policy Address Regarding Voting Rights |url=https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivered-policy-address-regarding-voting-rights |access-date=June 12, 2021 |website=justice.gov |language=en}}</ref><ref>{{Cite web |last=Phillips |first=Kristine |date=June 11, 2021 |title=AG Merrick Garland vows to protect voting rights, beef up DOJ civil rights division |url=https://www.usatoday.com/story/news/politics/2021/06/11/ag-garland-beef-up-doj-enforcement-voting-rights-laws/7653940002/ |access-date=June 12, 2021 |website=[[USA Today]] |language=en-US}}</ref> The same month, Garland announced a DOJ lawsuit against the state of Georgia over its [[Election Integrity Act of 2021|newly passed restrictions on voting]]; the DOJ complaint said that the state targeted Black Americans in violation of the [[Voting Rights Act of 1965]].<ref>{{Cite news |last1=Cole |first1=Devan |last2=Carrega |first2=Christina |last3=Schouten |first3=Fredreka |last4=Perez |first4=Evan |last5=de Vogue |first5=Ariane |last6=Gallagher |first6=Dianne |date=June 25, 2021 |title=Justice Department suing Georgia over voting restrictions |website=[[CNN]] |url=https://www.cnn.com/2021/06/25/politics/justice-georgia-voting/index.html |access-date=June 25, 2021}}</ref>

In July 2021, the Justice Department released two guidance documents regarding election law changes and post-election audits, reminding states that the DOJ was closely observing states' compliance with federal election and civil rights laws.<ref name=":2" /><ref>{{Cite press release |date=July 28, 2021 |title=Justice Department Issues Guidance on Federal Statutes Regarding Voting Methods and Post-Election "Audits" |url=https://www.justice.gov/opa/pr/justice-department-issues-guidance-federal-statutes-regarding-voting-methods-and-post |access-date=July 29, 2021 |website=justice.gov |language=en}}</ref><ref>{{Cite web |last=Sneed |first=Tierney |date=July 28, 2021 |title=Justice Department puts states on notice about post-election audits and election law changes |url=https://www.cnn.com/2021/07/28/politics/justice-department-election-audit/index.html |access-date=July 29, 2021 |website=[[CNN]]}}</ref>

In November 2021, the DOJ sued Texas over Senate Bill 1 which required rejection of mail ballots "for immaterial errors and omissions," alleging it would restrict voting for those with [[limited English proficiency]], soldiers deployed and voters overseas.<ref>{{Cite press release |date=2021-11-04 |title=Justice Department Files Lawsuit Against the State of Texas to Protect Voting Rights |url=https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-state-texas-protect-voting-rights |access-date=2021-11-05 |website=justice.gov |language=en}}</ref><ref>{{Cite news |last=Perez |first=Evan |date=November 4, 2021 |title=Justice Department sues Texas over new voting restrictions |website=[[CNN]] |url=https://www.cnn.com/2021/11/04/politics/texas-voting-lawsuit/index.html |access-date=2021-11-05}}</ref>

In a separate suit filed by DOJ against Texas the following month, the federal government alleged that Texas' [[2020 United States redistricting cycle|redistricting plans]] discriminated against Latino and Black voters in violation of the Section 2 of the [[Voting Rights Act]].<ref>{{Cite press release |date=2021-12-06 |title=Justice Department Files Lawsuit Against the State of Texas to Challenge Statewide Redistricting Plans |url=https://www.justice.gov/opa/pr/justice-department-files-lawsuit-against-state-texas-challenge-statewide-redistricting-plans |access-date=2021-12-09 |website=justice.gov |language=en}}</ref><ref>{{Cite web |date=2021-12-06 |title=Attorney General Merrick B. Garland Delivers Remarks Announcing Lawsuit Against the State of Texas to Challenge Statewide Redistricting Plan |url=https://www.justice.gov/opa/speech/attorney-general-merrick-b-garland-delivers-remarks-announcing-lawsuit-against-state-1 |access-date=2021-12-09 |website=justice.gov |language=en}}</ref><ref>{{Cite web |last=Timm |first=Jane C. |date=December 6, 2021 |title=In lawsuit, DOJ says Texas voting maps discriminate against Black and Latino voters |url=https://www.nbcnews.com/politics/elections/justice-department-sues-texas-over-gop-drawn-voting-maps-n1285460 |access-date=2021-12-09 |website=NBC News |language=en}}</ref><ref>{{Cite web |last1=Sneed |first1=Tierney |last2=Carrega |first2=Christina |date=6 December 2021 |title=DOJ sues Texas over Republican-approved redistricting maps |url=https://www.cnn.com/2021/12/06/politics/texas-doj-redistricting-lawsuit-latino-minority/index.html |access-date=2021-12-29 |website=CNN}}</ref>

=== Civil rights ===
During Garland's tenure as AG, the Justice Department emphasized protection of civil rights.<ref name="Balsamo">{{cite news |first=Michael |last=Balsamo |url=https://apnews.com/article/politics-merrick-garland-jeff-sessions-police-local-governments-075b33730688fe6151f25d76da034413 |title=Garland rescinds Trump-era memo curtailing consent decrees |work=[[Associated Press]] |date=April 17, 2021 |access-date=September 11, 2021 }}</ref> Garland rescinded a Trump administration policy (imposed by [[Jeff Sessions]]) that curtailed DOJ investigations into police department misconduct ("pattern-and-practice" investigations) and restricted the use of [[consent decree]]s to [[Police reform|reform police departments]].<ref name="Balsamo" /><ref>{{cite news |first=Katie |last=Benner |url=https://www.nytimes.com/2021/04/16/us/politics/justice-department-consent-decrees.html |title=Justice Dept. Restores Use of Consent Decrees for Police Abuses |newspaper=[[The New York Times]] |date=April 16, 2021 |access-date=September 11, 2021 }}</ref><ref>{{Cite web |first1=Christina |last1=Carrega |first2=Devan |last2=Cole |title=DOJ opens investigation into how Phoenix Police Department treats city's homeless residents |url=https://www.cnn.com/2021/08/05/politics/phoenix-justice-garland/index.html |date=August 5, 2021 |access-date=August 6, 2021|website=CNN}}</ref>
[[File:Attorney General Merrick B. Garland met with President of Ukraine Volodymyr Zelenskyy, United for Justice Conference, Lviv, March 3, 2023.jpg|thumb|Garland meeting with Ukrainian President [[Volodymyr Zelenskyy]], March 3, 2023]]
On April 21, 2021, Garland subsequently announced that the DOJ was opening a pattern-and-practice investigation into the [[Minneapolis Police Department]] after former officer [[Derek Chauvin]] was [[Trial of Derek Chauvin|convicted]] for the [[murder of George Floyd]], examining the use of force by officers and discriminatory conduct, its treatment of people with [[behavioral health]] issues, and the department's current accountability systems.<ref>{{Cite web|date=April 21, 2021|title=Garland announces sweeping police probe after Floyd verdict|url=https://apnews.com/article/george-floyd-verdict-police-reform-DOJ-e24dd1a390a781af3495fa1e0271f492 |first1=Michael |last1=Balsamo |first2=Amy |last2=Forliti |access-date=October 15, 2021|work=[[Associated Press News]] |language=en}}</ref> On April 26, Garland announced another investigation into the [[Louisville Metro Police Department]] in the aftermath of the [[killing of Breonna Taylor]], examining the execution of search warrants.<ref>{{Cite news |title=2nd Police Department Under Investigation Following Chauvin Conviction |url=https://www.voanews.com/a/usa_2nd-police-department-under-investigation-following-chauvin-conviction/6205088.html |first=Masood |last=Farivar |date=April 26, 2021 |access-date=2021-10-15 |website=[[Voice of America]] |language=en}}</ref><ref>{{Cite news |title=AG Garland announces investigation of Louisville PD's policing practices |first1=Mike |last1=Levine |first2=Alexander |last2=Mallin |url=https://abcnews.go.com/Politics/ag-garland-expected-announce-investigation-louisville-pds-policing/story?id=77319848|access-date=2021-10-15 |date=April 26, 2021 |website=[[ABC News (United States)|ABC News]] |language=en}}</ref> On August 5, Garland opened another investigation into the [[Phoenix Police Department]] over its policies on dealing with the homeless.<ref>{{Cite news |title=Justice Dept. opens civil rights investigation into Phoenix police department |language=en-US |newspaper=[[The Washington Post]] |url=https://www.washingtonpost.com/national-security/phonenix-police-justice-investigation/2021/08/05/ed7918ba-f619-11eb-a49b-d96f2dac0942_story.html |access-date=2021-10-15 |issn=0190-8286 |date=August 5, 2021 |first=David |last=Nakamura }}</ref><ref>{{Cite press release |date=2021-08-05|title=Justice Department Announces Investigation of the City of Phoenix and the Phoenix Police Department|url=https://www.justice.gov/opa/pr/justice-department-announces-investigation-city-phoenix-and-phoenix-police-department|access-date=2021-10-15|website=justice.gov|language=en}}</ref> On December 3, the DOJ opened another investigation into the [[Mount Vernon Police Department (New York)|Mount Vernon Police Department]] to assess if it engaged in discriminatory policing, involving its use of force, strip and body cavity searches, how it handles evidence, and its systems of accountability.<ref>{{Cite press release |date=2021-12-03|title=Justice Department Launches Investigation of the Mount Vernon Police Department |url=https://www.justice.gov/opa/pr/justice-department-launches-investigation-mount-vernon-police-department|access-date=2021-12-10 |website=justice.gov |language=en}}</ref><ref>{{Cite news |last=Reimann |date=December 3, 2021 |first=Nicholas |title=Feds Launch Sweeping Probe Of Suburban N.Y. Police Department Over Discrimination Claims |url=https://www.forbes.com/sites/nicholasreimann/2021/12/03/feds-launch-sweeping-probe-of-suburban-ny-police-department-over-discrimination-claims/ |access-date=2021-12-10 |website=[[Forbes (magazine)|Forbes]] |language=en}}</ref>

In June 2021, the DOJ, through a memo issued by Deputy Attorney General [[Lisa Monaco]], reversed a Trump-era policy that banned federal officers and agents from using [[body-worn camera]]s; the memo also mandated the use of body-worn cameras for federal law enforcement in certain circumstances (including when carrying out planned arrests or executing [[search warrant]]s).<ref>{{Cite web |first1=Christina |last1=Carrega |first2=Josh |last2=Campbell |title=DOJ ends policy that prohibited federal officers from using body-worn cameras |url=https://www.cnn.com/2021/06/07/politics/body-cameras-justice-department/index.html |date=June 7, 2021 |access-date=September 16, 2021 |website=[[CNN]]}}</ref><ref>{{Cite news |title=Justice Dept. will require its law enforcement officers to use body cameras in certain circumstances |newspaper=[[The Washington Post]] |url=https://www.washingtonpost.com/national-security/body-cameras-justice-department/2021/06/07/127f86c2-c7f7-11eb-a11b-6c6191ccd599_story.html |date=June 7, 2021 |first=Matt |last=Zapotosky |archive-url=https://web.archive.org/web/20221010150655/https://www.washingtonpost.com/national-security/body-cameras-justice-department/2021/06/07/127f86c2-c7f7-11eb-a11b-6c6191ccd599_story.html |archive-date=October 10, 2022 }}</ref><ref>{{Cite press release |date=2021-09-01 |title=Justice Department Announces First Federal Agents to Use Body-Worn Cameras |url=https://www.justice.gov/opa/pr/justice-department-announces-first-federal-agents-use-body-worn-cameras |access-date=2021-09-16 |website=justice.gov |language=en }}</ref>

On September 14, 2021, the DOJ announced a civil investigation into prisons in Georgia, focusing on prison violence and sexual abuse of [[LGBTQ]] prisoners by prisoners and staff, continuing with an initial investigation launched in 2016.<ref>{{Cite news |first=Christina |last=Carrega |title=Justice Department announces investigation into Georgia prisons |url=https://www.cnn.com/2021/09/14/us/georgia-prisons-justice-department-investigation/index.html |access-date=2021-10-21 |website=[[CNN]] |date=September 14, 2021}}</ref><ref name="auto">{{Cite web |first=Tierney |last=Sneed |title='Big, big shifts': How Biden's civil rights pros have reoriented the Justice Department |url=https://www.cnn.com/2021/10/20/politics/doj-biden-civil-rights-policies-texas-georgia-investigations/index.html |access-date=October 21, 2021 |website=[[CNN]] |date=October 20, 2021 }}</ref><ref>{{Cite press release |date=2021-09-14 |title=Justice Department Announces Investigation into Conditions in Georgia Prisons|url=https://www.justice.gov/usao-mdga/pr/justice-department-announces-investigation-conditions-georgia-prisons |access-date=2021-10-21 |website=justice.gov |language=en}}</ref>

In September, 2021, the DOJ in a memo limited the use of [[chokehold|chokeholds and carotid restraints]] by federal officers during arrests, prohibiting such tactics unless deadly force is authorized (i.e., unless the officer reasonably believes "that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person"). The memo also limited the use of unannounced ("[[no-knock]]") entries when executing warrants, directing officers to [[knock-and-announce]] except "where an agent has reasonable grounds to believe that knocking and announcing the agent’s presence would create an imminent threat of physical violence to the agent and/or another person."<ref>{{Cite press release |date=2021-09-14|title=Department of Justice Announces Department-Wide Policy on Chokeholds and 'No-Knock' Entries|url=https://www.justice.gov/opa/pr/department-justice-announces-department-wide-policy-chokeholds-and-no-knock-entries|access-date=2021-09-16|website=justice.gov|language=en}}</ref><ref>{{Cite web |first1=Christina |last1=Carrega |first2=Peter |last2=Nickeas |date=September 14, 2021 |title=Justice Department limits use of chokeholds and 'no-knock' warrants |url=https://www.cnn.com/2021/09/14/politics/justice-chokeholds-no-knock-warrant/index.html |access-date=September 16, 2021 |website=[[CNN]]}}</ref><ref>{{Cite news |first=Emma |last=Tucker |title=Bans on chokeholds for federal officers latest in nationwide push to hold police to a 'higher standard' |url=https://www.cnn.com/2021/09/15/us/police-accountability-george-floyd/index.html |access-date=2021-09-16 |website=[[CNN]] |date=September 15, 2021}}</ref>

On October 13, 2021, the DOJ launched another investigation into five juvenile detention facilities in Texas for systemic physical or sexual abuse of children.<ref name="auto"/><ref>{{Cite press release |date=2021-10-13 |title=Justice Department Announces Investigation into Conditions at Five Juvenile Facilities in Texas |url=https://www.justice.gov/opa/pr/justice-department-announces-investigation-conditions-five-juvenile-facilities-texas |access-date=2021-10-21 |website=justice.gov |language=en}}</ref>

=== January 6 U.S. Capitol attack ===
{{further|January 6 United States Capitol attack}}
[[File:Attorney General Garland Announces Appointment of Special Counsel Jack Smith.jpg|thumb|Garland announcing the appointment of Special Counsel [[Jack Smith (lawyer)|Jack Smith]] to oversee the [[Federal prosecution of Donald Trump (election obstruction case)|Trump investigations]], 18 November 2022.]]
On July 26, 2021, the DOJ sent letters to former DOJ officials of the Trump administration, including Acting Attorney General [[Jeffrey A. Rosen]], Acting Deputy Attorney General [[Richard Donoghue]], [[Associate Deputy Attorney General]] Patrick Hovakimian, [[United States Attorney|U.S. Attorney]] for the [[Northern District of Georgia]] Byung J. "BJay" Pak, Acting [[United States Attorney|U.S. Attorney]] for the [[Northern District of Georgia]] Bobby L. Christine, and [[United States Assistant Attorney General]] for the [[United States Department of Justice Environment and Natural Resources Division|Environment and Natural Resources Division]] and [[United States Department of Justice Civil Division|Civil Division]] [[Jeffrey Clark]].<ref name=":8">{{cite letter|first=Bradley|last=Weinsheimer|recipient=[[Jeffrey A. Rosen]]|subject=Testimony to Congress|language=en-US|date=July 26, 2021|url=https://www.justsecurity.org/wp-content/uploads/2021/07/DOJ-letters-to-former-U.S.-officials-authorizing-testimony-to-Congress-without-executive-privilege.pdf|archive-url=https://web.archive.org/web/20210727180146/https://www.justsecurity.org/wp-content/uploads/2021/07/DOJ-letters-to-former-U.S.-officials-authorizing-testimony-to-Congress-without-executive-privilege.pdf|url-status=live|access-date=August 27, 2021|archive-date=2021-07-27|via=justsecurity.org}}</ref> The letters relayed that the DOJ would not exert [[executive privilege]] over their testimony as witnesses to Trump's [[attempts to overturn the 2020 United States presidential election]] or the [[2021 United States Capitol attack]], and that they were free to provide "unrestricted testimony" and "irrespective of potential privilege" to the [[United States House Committee on Oversight and Reform|House Oversight Committee]] and [[United States Senate Committee on the Judiciary|Senate Judiciary Committee]].<ref name=":8" /><ref>{{Cite news |last=Perez |first=Evan |date=July 27, 2021 |title=Trump officials can testify on former President's actions leading up to insurrection, Justice Department decides |website=CNN |url=https://www.cnn.com/2021/07/27/politics/doj-executive-privilege-trump-capitol-riot/index.html |access-date=July 30, 2021}}</ref><ref>{{Cite news |last=Benner |first=Katie |date=July 27, 2021 |title=Trump officials can testify in inquiries into efforts to subvert election outcome and Jan 6 riot, Justice Dept. says. |language=en-US |work=[[The New York Times]] |url=https://www.nytimes.com/2021/07/27/us/politics/trump-officials-jan-6-testify.html |access-date=July 30, 2021 |issn=0362-4331}}</ref><ref>{{Cite web |last1=Swan |first1=Betsy Woodruff |last2=Desiderio |first2=Andrew |date=July 27, 2021 |title=DOJ: Former Trump officials can testify about Jan 6 Capitol attack |url=https://www.politico.com/news/2021/07/27/doj-trump-officials-testify-jan-6-capitol-attack-500819 |access-date=July 30, 2021 |website=[[Politico]]}}</ref>

On July 28, 2021, the DOJ further rejected [[U.S. Representative|Rep.]] [[Mo Brooks]]'s request to protect him in [[Eric Swalwell]]'s civil lawsuit against him and Trump concerning his comments and actions in the attack. The DOJ in a court filing determined that Brooks' relevant comments and actions were outside the scope of his official responsibilities as a member of Congress.<ref>{{Cite web |last1=Cohen |first1=Marshall |last2=Sneed |first2=Tierney |date=July 28, 2021 |title=DOJ won't protect GOP Rep. Mo Brooks in insurrection lawsuit |url=https://www.cnn.com/2021/07/27/politics/mo-brooks-lawsuit-doj/index.html |access-date=July 29, 2021 |website=[[CNN]] |language=en}}</ref>

On October 21, 2021, the [[United States House of Representatives|U.S. House of Representatives]] voted to refer [[Steve Bannon]], the adviser to former president [[Donald Trump]], to the DOJ for criminal [[contempt of Congress]] due to defying a subpoena from the House's [[January 6 select committee]] over claims of [[executive privilege]]. After [[Speaker of the United States House of Representatives|Speaker]] [[Nancy Pelosi]] certified the contempt referral, it was sent to the [[United States Attorney for the District of Columbia|U.S. Attorney for DC]], who will then decide whether to send the referral to a grand jury for indictment, with Garland having the final say.<ref name=":15">{{Cite news |last1=Foran |first1=Clare |last2=Cohen |first2=Zachary |last3=Nobles |first3=Ryan |date=October 21, 2021 |title=House votes to hold Steve Bannon in contempt for defying subpoena |website=CNN |url=https://www.cnn.com/2021/10/21/politics/steve-bannon-house-contempt-vote/index.html |access-date=2021-10-21}}</ref> Garland told lawmakers that the Justice Department "will apply the facts and the law and make a decision" when considering a criminal contempt referral for Bannon. He stated that "the Department of Justice will do what it always does in such circumstances, we'll apply the facts and the law and make a decision, consistent with the principles of prosecution."<ref name=":13" /><ref name=":14" /><ref name=":15" /><ref>{{Cite news |last1=Sneed |first1=Tierney |last2=Schneider |first2=Jessica |date=October 20, 2021 |title=Bannon contempt vote puts Attorney General Merrick Garland in center of legal and political storm |website=[[CNN]] |url=https://www.cnn.com/2021/10/20/politics/garland-bannon-criminal-referral-house-january-6/index.html |access-date=2021-10-21}}</ref>

In November 2022, days after Trump announced his [[Donald Trump 2024 presidential campaign|2024 presidential campaign]], Garland appointed [[Jack Smith (lawyer)|Jack Smith]] to serve as special counsel for the [[Smith special counsel investigation|investigations of Trump]].<ref name="politico">{{Cite web |date=November 18, 2022 |last1=Gerstein |first1=Josh |first2=Kyle |last2=Cheney |title=Garland names Jack Smith special counsel for Trump criminal probes |url=https://www.politico.com/news/2022/11/18/garland-to-appoint-special-counsel-for-trump-criminal-probes-00069451 |access-date=November 18, 2022 |website=[[Politico]] }}</ref><ref>{{cite web |last1=Thrush |first1=Glenn |authorlink1=Glenn Thrush|last2=Savage |first2=Charlie |authorlink2=Charlie Savage (author)|last3=Haberman |first3=Maggie |authorlink3=Maggie Haberman|last4=Feuer |first4=Alan |date=November 18, 2022 |title=Garland Names Special Counsel for Trump Inquiries |url=https://www.nytimes.com/2022/11/18/us/politics/trump-special-counsel-garland.html |access-date=19 November 2022 |website=[[The New York Times]]}}</ref>

=== Robert Hur report===
{{main|Joe Biden classified documents incident}}
On February 8, 2024, the Department of Justice released a report authored by special counsel [[Robert Hur]] into President Biden's handling of classified documents, concluding that charges were not necessary in the incident. As part of its reasoning not to charge Biden, the report mentioned perceived problems with Biden's memory and mental acuity. Biden was interviewed by Hur during the investigation, helping form the report's conclusions.<ref name=":18">{{Cite news|date=February 8, 2024|title=Special counsel passes on charging Biden but paints damning portrait of him |url=https://www.politico.com/news/2024/02/08/biden-classified-documents-charges-special-counsel-00140509|website=Politico |first=Betsy Woodruff |last=Swan |access-date=20 August 2024 }}</ref>

Garland has been criticized by supporters of Biden and some former prosecutors for his decision to release Hur's report referring to Biden as an "elderly man with a poor memory." They alleged that Hur's report included gratuitous language about Biden that could be used to reinforce perceptions that Biden is fading mentally and physically.<ref>{{cite web |last1=Gerstein |first1=Josh |title=Garland: 'Absurd' to think he should've censored special counsel report on Biden |url=https://www.politico.com/news/2024/03/21/garland-absurd-to-think-he-shouldve-censored-special-counsel-report-on-biden-00148300 |website=Politico |date=March 21, 2024 |access-date=June 7, 2024}}</ref>

Associate deputy attorney general Bradley Weinsheimer, the DOJ's senior nonpolitical career official, rejected criticisms of the report, stating that the report's comments "fall well within the department's standards for public release".<ref>{{Cite news|date=February 15, 2024|title=White House Clashed With Justice Dept. Over Special Counsel Report |first=Charlie |last=Savage |url=https://www.nytimes.com/2024/02/15/us/politics/joe-biden-special-counsel.html|website=New York Times|language=en|access-date=February 15, 2024|archive-date=February 15, 2024|archive-url=https://web.archive.org/web/20240215213816/https://www.nytimes.com/2024/02/15/us/politics/joe-biden-special-counsel.html|url-status=live}}</ref> Garland stated that Hur had never proposed an investigative step which he found to be inappropriate.<ref>{{Cite news |first1=Sadie |last1=Gurman |first2=C. Ryan |last2=Barber |date=February 10, 2024|title=Special Counsel Expected Heat for Biden Inquiry. His Report Sparked a Political Inferno.|url=https://www.wsj.com/politics/special-counsel-expected-heat-for-biden-inquiry-his-report-sparked-a-political-inferno-35c31d7e|website=[[Wall Street Journal]] |language=en|access-date=February 10, 2024|archive-date=February 10, 2024|archive-url=https://web.archive.org/web/20240210180835/https://www.wsj.com/politics/special-counsel-expected-heat-for-biden-inquiry-his-report-sparked-a-political-inferno-35c31d7e|url-status=live}}</ref>

== Controversies ==
{{Criticism section|date=May 2025}}

=== School board memo ===
In October 2021, amid a surge of threats against school board members across the country, Garland issued a memorandum addressing an "increase in harassment, intimidation, and threats of violence against school administrators, board members, teachers, and staff"; the memo directed the FBI and US attorneys' offices to set up meetings with federal, state and local law enforcement leaders for establishing tiplines for threat reporting and discussing strategies to address such threats.<ref name=":23">{{Cite press release |date=October 4, 2021 |title=Justice Department Addresses Violent Threats Against School Officials and Teachers |url=https://www.justice.gov/opa/pr/justice-department-addresses-violent-threats-against-school-officials-and-teachers |access-date=2021-10-21 |website=justice.gov |language=en}}</ref><ref name=":11">{{Cite news |last=LeBlanc |first=Paul |date=October 9, 2021 |title=McConnell challenges Garland on DOJ effort to address threats against public school board members and teachers |url=https://www.cnn.com/2021/10/09/politics/mitch-mcconnell-merrick-garland-what-public-schools-teach-threats/index.html |access-date=2021-10-21 |website=[[CNN]]}}</ref><ref name=":13" /><ref name="Feuer">{{Cite web |last=Feuer |first=Alan |date=November 5, 2021 |title='I Don't Want to Die for It': School Board Members Face Rising Threats |url=https://www.nytimes.com/2021/11/05/us/politics/school-board-threats.html |access-date=June 21, 2022 |newspaper=New York Times}}</ref> He issued the memo soon after the [[National School Boards Association]] wrote to Biden to request a federal response to the protests and threats against school officials and investigations into whether they constituted as forms of domestic terrorism and hate crimes.<ref name=":24">{{Cite web |date=September 22, 2021 |title=NSBA, AASA Issue Joint Statement Calling for End to Threats and Violence Around Safe School Opening Decisions |url=https://www.nsba.org/News/2021/end-threats-violence-joint-statement |access-date=2021-10-28 |website=[[National School Boards Association]] |language=en}}</ref><ref name=":25">{{Cite web |date=September 30, 2021 |title=National School Boards Association Asks for Federal Assistance to Stop Threats and Acts of Violence Against Public Education Leaders |url=https://www.nsba.org/News/2021/federal-assistance-letter |access-date=2021-10-28 |website=[[National School Boards Association]] |language=en}}</ref><ref name=":26">{{Cite web |date=October 4, 2021 |title=National School Boards Association Statement in Response to Justice Department Action to Address Threats Against School Personnel |url=https://www.nsba.org/News/2021/justice-department-statement |access-date=2021-10-28 |website=[[National School Boards Association]] |language=en}}</ref><ref name=":16">{{Cite web |last=Quilantan |first=Bianca |date=October 25, 2021 |title=School board group backtracks on letter for security help from DOJ |url=https://www.politico.com/newsletters/weekly-education/2021/10/25/school-board-group-backtracks-on-letter-for-security-help-from-doj-798428 |access-date=2021-10-28 |website=[[Politico]] |language=en}}</ref>

The memo prompted criticism from Republicans in the House and Senate, who accused Garland of treating parents like domestic terrorists, although the memo did not mention either of them.<ref name="Feuer" /> McConnell wrote to Garland that parents "absolutely should be telling" local schools what to teach regarding contentious public issues.<ref name=":11" /><ref name=":27">{{Cite web |last=Kennedy |first=Brigid |date=October 21, 2021 |title=9 House Republicans vote with Democrats to hold Steve Bannon in contempt for defying Jan. 6 subpoena |url=https://theweek.com/congress/1006290/9-house-republicans-vote-with-democrats-to-hold-steve-bannon-in-contempt-for |access-date=2021-10-21 |website=The Week |language=en}}</ref> In House and Senate Judiciary Committee hearings, Garland pushed back on Republicans' claims that the DOJ were treating parents like "domestic terrorists" and investigating political speech, testifying that the DOJ "[were] not investigating peaceful protest or parent involvement at school board meetings."<ref name=":13" /><ref name=":14" /><ref name=":17">{{Cite news |last1=Perez |first1=Evan |last2=Sneed |first2=Tierney |date=October 26, 2021 |title=Garland faces relentless GOP pressure after issuing memo on school board threats |url=https://www.cnn.com/2021/10/25/politics/garland-school-board-senate-house-hearings/index.html |access-date=2021-10-28 |website=CNN}}</ref><ref name=":28">{{Cite web |last=Sneed |first=Tierney |date=October 27, 2021 |title=Attorney General Merrick Garland defends memo responding to threats of violence against school board members |url=https://www.cnn.com/2021/10/27/politics/merrick-garland-senate-judiciary-hearing/index.html |access-date=2021-10-28 |website=[[CNN]]}}</ref> Numerous Senate Republicans called on Garland to resign over the memo.<ref name=":29">{{cite news |date=October 28, 2021 |title=GOP senators erupt at Garland in heated hearing. Cooper says they misrepresent the facts |url=https://www.cnn.com/videos/politics/2021/10/28/school-board-memo-kth-garland-cruz-sot-ac360-vpx.cnn |access-date=2021-10-28 |work=[[CNN]]}}</ref> Seventeen Republican [[state attorneys general]] led by [[Todd Rokita]], and numerous House Republicans, separately wrote to Biden and Garland requesting the memorandum be immediately withdrawn.<ref name="Feuer" /><ref name=":16" /><ref name=":17" />

=== Contempt of Congress charges ===
The [[House Judiciary Committee]] and the [[United States House Committee on Oversight and Accountability|House Oversight Committee]] issued subpoenas for Garland to turn over materials related to Hur's investigation, particularly audio of Hur's interview with Biden.<ref name=":19">{{cite web |date=April 8, 2024 |title=Justice Department rejects House GOP bid to obtain audio of Biden interview with special counsel |url=https://www.cbsnews.com/news/justice-department-house-gop-biden-special-counsel-interview-audio/ |website=CBS News}}</ref><ref name=":20">{{Cite news |date=May 17, 2024 |title=GOP advances Garland contempt charges after White House exerts executive privilege over Biden audio |url=https://apnews.com/article/biden-robert-hur-classified-documents-justice-department-edf67af3810ab877c7c195956b49b3a6 |website=Associated Press}}</ref> Biden subsequently invoked executive privilege to block the release of the materials, preventing Garland from turning them over.<ref name=":21">{{Cite news |date=May 16, 2024 |title=As Congress threatens contempt for Garland, White House says Hur tapes are privileged |url=https://www.washingtonpost.com/nation/2024/05/16/biden-hur-privilege-merrick-garland-contempt-impeachment/ |newspaper=Washington Post}}</ref> [[United States Department of Justice|Department of Justice]] officials also argued that the audio of Biden's interview could be fraudulently edited or [[Deepfake|deepfaked]] and that the disclosure could hamper cooperation in future investigations. On June 12, 2024, Garland was held in [[Contempt of Congress|contempt]] by the [[United States House of Representatives|House of Representatives]] for defying the subpoenas and refusing to disclose audio of Hur's interview with Biden.<ref name=":22">{{Cite news |date=June 12, 2024 |title=House GOP holds Garland in contempt of Congress, escalating Justice Department feud |url=https://www.politico.com/live-updates/2024/06/12/congress/house-gop-clears-garland-contempt-00163046 |website=Politico}}</ref> The Department of Justice stated that Garland cannot be prosecuted for contempt due to Biden's invocation of executive privilege.<ref>{{Cite news |date=June 12, 2024 |title=DOJ memo says Garland cannot be prosecuted for contempt over Biden-Hur audio |url=https://thehill.com/homenews/house/4718115-garland-contempt-doj-memo/ |website=The Hill}}</ref>

House speaker [[Mike Johnson]] said he will move in federal court to enforce a subpoena against Garland to obtain audio recordings of Biden, after the Justice Department declined to act on the House's contempt referral.<ref>{{cite news |last1=Sneed |first1=Tierney |title=Johnson says House will go to court for Biden recordings after DOJ says it won't prosecute AG Garland' |url=https://www.cnn.com/2024/06/14/politics/merrick-garland-contempt-vote-no-prosecution/index.html |access-date=June 17, 2024 |agency=CNN |publisher=CNN |date=June 14, 2024}}</ref>

Three lawsuits have been filed by organizations seeking access to the audio recordings of the Biden interview. [[Judicial Watch]], [[the Heritage Foundation]] and [[CNN]] are the plaintiffs in these lawsuits, which are based on the failure of the Department of Justice to provide the audio in response to [[Freedom of Information Act]] requests. CNN's lawsuit has been joined by eleven other news organizations. The three lawsuits have been consolidated and are pending before [[Timothy J. Kelly|Judge Timothy Kelly]].<ref>{{cite news |last1=Gerstein |first1=Josh |title=Conservative group tries to accelerate court fight over Biden-Hur audio |url=https://www.politico.com/news/2024/05/17/heritage-foundation-biden-hur-audio-00158762 |access-date=June 17, 2024 |publisher=Politico |date=May 17, 2024}}</ref>

On July 11, 2024, an attempt by the House of Representatives to find [[United States Attorney General|United States attorney general]] Garland in "[[inherent contempt]]" of Congress fell short in a 204 to 210 vote, with four Republicans voting with all Democrats to oppose the measure.<ref>{{cite web |last1=Hubbard |first1=Kaia |title=Republican effort to hold Attorney General Merrick Garland in inherent contempt of Congress falls short |url=https://www.cbsnews.com/news/merrick-garland-inherent-contempt-of-congress/ |publisher=CBS News |access-date=25 September 2024 |date=11 July 2024}}</ref> The resolution would have imposed a fine of $10,000 per day on Garland for defying a congressional subpoena until he handed over audio of former special counsel Robert Hur's interview with President Joe Biden.<ref>{{cite web |last1=Carney |first1=Jordain |title=House GOP fails to pass effort to fine Garland $10,000 per day |url=https://www.politico.com/live-updates/2024/07/11/congress/house-gop-flops-on-inherent-contempt-00167562 |publisher=Politico |access-date=25 September 2024 |date=11 July 2024}}</ref>

=== Pace of Trump prosecution ===
{{further|Smith special counsel investigation}}

Garland has been criticized for the pace of the prosecution of then-former president Donald Trump. Some observers, reportedly including President Joe Biden, assign him some responsibility for the fact that none of the indictments obtained by special counsel Jack Smith went to trial before the [[2024 United States presidential election|November 2024 election]].<ref>{{cite web |last1=Lemire |first1=Jonathan |title=White House frustration with Garland grows |date=9 February 2024 |url=https://www.politico.com/news/2024/02/09/white-house-frustration-with-garland-grows-00140813 |website=[[Politico]] |access-date=June 14, 2024}}</ref> California's then-representative [[Adam Schiff]] was quoted as saying "I think that delay has contributed to a situation where none of these trials may go forward. The department bears some of that responsibility."<ref>{{cite news |last1=Thrush |first1=Glenn |title=Inside Garland's Effort to Prosecute Trump |work=[[The New York Times]] |date=22 March 2024 |url=https://www.nytimes.com/2024/03/22/us/politics/trump-jan-6-merrick-garland.html |access-date=June 14, 2024}}</ref>

Some commentators have defended Garland, pointing to substantial delays in the prosecution stemming from [[John Roberts]] and the Supreme Court's immunity decision in ''[[Trump v. United States (2024)|Trump v. United States]]''.<ref>{{cite news |url=https://www.nytimes.com/2024/09/15/us/justice-roberts-trump-supreme-court.html |title=How Roberts Shaped Trump's Supreme Court Winning Streak |work=[[The New York Times]] |date=15 September 2024 |access-date=18 November 2024 |first1=Jodi |last1=Kantor |first2=Adam |last2=Liptak }}</ref><ref>{{cite magazine |url=https://slate.com/news-and-politics/2024/02/supreme-court-donald-trump-trial-january-6.html |title=The Supreme Court Just Gave Trump Exactly What He Wanted |magazine=[[Slate.com]] |access-date=18 November 2024 |date=28 February 2024 | author-link=Mark Joseph Stern | last1 = Stern |first1=Mark Joseph }}</ref><ref>{{cite news |url=https://www.theguardian.com/us-news/article/2024/aug/08/trump-2020-election-case-delay |title=Supreme court immunity ruling to cause new delay in Trump 2020 election case |access-date=18 November 2024 |newspaper=[[The Guardian]] |date=9 August 2024 |last1=Lowell |first1=Hugo }}</ref><ref>{{cite web |url=https://www.emptywheel.net/2024/11/11/how-garland-whinger-ankush-khardoris-willful-impotence-helps-trump-evade-accountability/ |first=Marcy |last=Wheeler |authorlink=Marcy Wheeler |work=emptywheel.net |date=11 November 2024 |access-date=18 November 2024 |title=How Garland-Whinger Ankush Khardori's Willful Impotence Helps Trump Evade Accountability }}</ref><ref>{{Cite web |last=Khardori |first=Ankush |date=April 24, 2024 |title=How to Know If the Supreme Court Is in the Tank for Trump |language=en-US |work=Politico |url=https://www.politico.com/news/magazine/2024/04/24/trumps-crazy-argument-for-immunity-heads-to-the-high-court-00153954 |access-date=April 24, 2024 |archive-date=April 24, 2024 |archive-url=https://web.archive.org/web/20240424224709/https://www.politico.com/news/magazine/2024/04/24/trumps-crazy-argument-for-immunity-heads-to-the-high-court-00153954 |url-status=live }}</ref>

After Trump's re-election for a second non-consecutive term, further criticism was directed against Garland.<ref>{{Cite web |first=Ankush |last=Khardori |url=https://www.politico.com/news/magazine/2024/11/07/trump-legal-failures-blame-column-00187945|title=Trump Got Away With It — Because of the Biden Administration's Massive Missteps|website=Politico|date=November 7, 2024}}</ref><ref>{{Cite web |first=Ewan |last=Palmer |url=https://www.newsweek.com/merrick-garland-blame-donald-trump-jan6-case-dropped-1991694|title=Did Merrick Garland Blow It? Left-wingers Blame AG as Trump Charges Dropped|website=Newsweek|date=November 26, 2024}}</ref>

== Personal life ==
Garland and his wife, Lynn, were married at the [[Harvard Club of New York City|Harvard Club]] in [[Midtown Manhattan]] in September 1987. Lynn Rosenman Garland's grandfather, [[Samuel Irving Rosenman]], was a justice of the [[New York Supreme Court]] (a trial-level court) and a special counsel to presidents [[Franklin D. Roosevelt]] and [[Harry S. Truman]]. She graduated from the [[Brearley School]] in Manhattan and [[Latin honors#United States|cum laude]] from Harvard University, and received a Master of Science degree in operations management from the [[MIT Sloan School of Management]]. Her father, Robert Rosenman, was a partner in the New York law firm of [[Cravath, Swaine & Moore]].<ref name="nytimesref" /> As of June 2018, she advised government and nonprofit groups on voting systems security and accuracy issues.<ref name=":9">{{Cite news|date=2018-06-17|title=Rebecca Garland, Xan Tanner|language=en-US|work=The New York Times|url=https://www.nytimes.com/2018/06/17/fashion/weddings/rebecca-garland-xan-tanner.html|access-date=2021-10-09|issn=0362-4331}}</ref> The couple lives together in [[Bethesda, Maryland]].<ref>{{cite news |first=Andrew |last=Metcalf |url=https://bethesdamagazine.com/bethesda-beat/politics/obama-nominates-bethesda-resident-merrick-garland-to-serve-on-us-supreme-court/ |title=Obama Nominates Bethesda Resident Merrick Garland to Serve on U.S. Supreme Court |work=Bethesda Magazine |date=March 16, 2016 |access-date=March 30, 2016 }}</ref>

Garland and his wife have two daughters: Rebecca and Jessica, both of whom are graduates of [[Yale University]].<ref name="WhoIsGarland">{{cite news |first1=Reena |last1=Flores |first2=Rebecca|last2=Shabad |title=Who is Merrick Garland? |url=http://www.cbsnews.com/news/who-is-merrick-garland/ |archive-url=https://web.archive.org/web/20160316235951/http://www.cbsnews.com/news/who-is-merrick-garland/ |archive-date=March 16, 2016 |access-date=March 16, 2016 |work=CBS News |date=March 16, 2016}}</ref> Justice [[Elena Kagan]] hired Jessica Garland, a 2019 graduate of [[Yale Law School]], as one of her law clerks in early July 2020, before Biden's election and Garland's appointment, to serve as a law clerk in 2022–2023. The Supreme Court said that "in light of the potential for actual or apparent conflicts of interest," Jessica Garland will not serve as Kagan's law clerk while her father remains as attorney general.<ref>{{Cite news|last=Scarcella|first=Mike|date=2021-07-20|title=AG Garland's daughter won't clerk at SCOTUS while dad's in office|language=en|work=Reuters|url=https://www.reuters.com/legal/government/ag-garlands-daughter-wont-clerk-scotus-while-dads-office-2021-07-20/|access-date=2021-10-09}}</ref> Garland took part in the ceremony when his daughter Rebecca married Xan Tanner in June 2018.<ref name=":9" />

Financial disclosure forms in 2016 indicated that Garland's net worth at the time was between $6{{nbsp}}million and $23M.<ref name="NYT 3/27" /> As of 2021, his net worth was estimated by ''[[Forbes]]'' at $8.6-33M.<ref name="ForbesNetWorth">{{cite web |last1=Alexander |first1=Dan |title=How Attorney General Merrick Garland Amassed A $20 Million Fortune |url=https://www.forbes.com/sites/danalexander/2021/08/06/how-attorney-general-merrick-garland-amassed-a-20-million-fortune |website=[[Forbes]] |access-date=16 February 2023 |archive-url=https://web.archive.org/web/20230118173807/https://www.forbes.com/sites/danalexander/2021/08/06/how-attorney-general-merrick-garland-amassed-a-20-million-fortune/ |archive-date=18 January 2023 |language=en |date=6 August 2021 |url-status=live}}</ref>

Garland is [[Color blindness|red-green colorblind]], so he uses a list to match his suits and ties.<ref name="NYT 3/27" /> He is a [[Reform Judaism|Reform Jew]].<ref>{{Cite web |last=Heilman |first=Uriel |date=2016-03-18 |title=Inside the Jewish life of Supreme Court nominee Merrick Garland |url=https://www.jta.org/2016/03/18/united-states/inside-the-jewish-life-of-supreme-court-nominee-merrick-garland |access-date= |website=[[Jewish Telegraphic Agency]] |language=en-US}}</ref>

In May 2025, Garland returned to Arnold & Porter after leaving government service.<ref name="Arnold & Porter">{{cite web|title=Former Attorney General and Chief Judge of the U.S. Court of Appeals Merrick B. Garland Returns to Arnold & Porter |url=https://www.arnoldporter.com/en/perspectives/news/2025/05/merrick-b-garland-returns-to-the-firm |website=[[Arnold & Porter]] |access-date=23 May 2025}}</ref>

==Selected publications==
* {{Cite journal |last=Garland |first=Merrick B. |year=1976 |title=Note: The State Action Exemption and Antitrust Enforcement under the Federal Trade Commission Act |journal=Harvard Law Review |volume=89 |issue=4 |pages=715–751 |doi=10.2307/1340219 |jstor=1340219 |ref=none}}
* {{Cite book |last1=Garland |first1=Merrick B. |title=Antitrust Counseling and Litigation Techniques |last2=Pitofsky |first2=Robert |author-link2=Robert Pitofsky |publisher=Bender |year=1984 |editor-last=von Kalinowski |editor-first=Julian O. |volume=4 |location=New York |chapter=Chapter 48: Federal Trade Commission Investigations |oclc=917754819 |ref=none |author-mask=1}}
* {{Cite journal |last=Garland |first=Merrick B. | author-mask=1 |year=1985 |title=Deregulation and Judicial Review |url=https://core.ac.uk/download/pdf/160249399.pdf |journal=Harvard Law Review |volume=98 |issue=3 |pages=505–591 |doi=10.2307/1340869 |jstor=1340869 |ref=none}}
* {{Cite journal |last=Garland |first=Merrick B. |author-mask=1 |year=1987 |title=Antitrust and State Action: Economic Efficiency and the Political Process |url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7053&context=ylj |journal=[[The Yale Law Journal]] |volume=96 |issue=3 |pages=486–519 |doi=10.2307/796502 |jstor=796502 |ref=none}}
* {{Cite journal |last=Garland |first=Merrick B. |author-mask=1 |year=1987 |title=Antitrust and Federalism: A Response to Professor Wiley |url=https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=7078&context=ylj |journal=The Yale Law Journal |volume=96 |issue=6 |pages=1291–1295 |doi=10.2307/796386 |jstor=796386 |ref=none}}

==See also==
* [[Barack Obama Supreme Court candidates]]
* [[Barack Obama judicial appointment controversies]]
* [[List of law clerks of the Supreme Court of the United States (Seat 3)]]
* [[List of nominations to the Supreme Court of the United States]]
* [[List of Jewish American jurists]]
* [[List of Jewish United States Cabinet members]]

==References==
{{Reflist|30em}}

==Further reading==
* {{cite web |url=https://www.judiciary.senate.gov/imo/media/doc/Senate%20Judiciary%20Committee%20Questionnaire%205%209%202016.pdf |publisher=[[United States Senate Committee on the Judiciary]] |location=Washington, D.C. |title=Questionnaire for Judicial Nominees for Merrick Garland |year=2016 |access-date=September 13, 2021 }}
* {{cite report |publisher=[[Congressional Research Service]] |location=Washington, D.C. |id=R44479 |url=https://sgp.fas.org/crs/misc/R44479.pdf |title=Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court |editor-first=Kate M. |editor-last=Manuel |editor-first2=Brandon J. |editor-last2=Murrill |editor-first3=Andrew |editor-last3=Nolan |date=April 27, 2016 |access-date=September 13, 2021 }}
* {{cite report |publisher=[[Congressional Research Service]] |location=Washington, D.C.| id=R44484 |url=https://www.fas.org/sgp/crs/misc/R44484.pdf |title=Majority, Concurring, and Dissenting Opinions Authored by Judge Merrick Garland |editor-first=R. Chuck |editor-last=Mason |date=May 2, 2016 |access-date=September 13, 2021 }}
* {{cite journal |first1=Robin Bradley |last1=Kar |first2=Jason |last2=Mazzone |url=https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2752287 |title=The Garland Affair: What History and the Constitution Really Say About President Obama's Powers to Appoint a Replacement for Justice Scalia |date=March 21, 2016 |ssrn=2752287 |journal=NYU Law Review |volume=91 |page=53 |access-date=September 13, 2021 }}
* {{cite report |url=https://sgp.fas.org/crs/misc/IN10455.pdf |title=Nominations to the Supreme Court During Presidential Election Years (1900–Present) |date=March 16, 2016 |first=Barry J. |last=McMillion |id=IN10455 |publisher=Congressional Research Service |location=Washington, D.C. |access-date=May 8, 2022 }}
* {{cite report |url=https://sgp.fas.org/crs/misc/IN11514.pdf |title=Supreme Court Vacancies That Occurred During Presidential Election Years (1789–2020)| first=Barry J. |last=McMillion |date=October 1, 2020 |id=IN11514 |publisher=Congressional Research Service |location=Washington, D.C. |access-date=May 8, 2022 }}

==External links==
{{sister project links|d=Q1922011|c=Category:Merrick Garland|n=no|b=no|v=no|voy=no|m=no|mw=no|species=no|s=Author:Merrick Brian Garland|wikt=no}}
* [https://www.justice.gov/ag/staff-profile/meet-attorney-general Biography] at the [[United States Department of Justice]]
* {{FJC Bio|nid=1381046}}
* [https://www.loc.gov/law/find/merrick-garland.php Selected Resources on Merrick B. Garland] at the [[Law Library of Congress]]
* {{C-SPAN}}
* [https://ballotpedia.org/U.S._Senators_on_the_nomination_of_Merrick_Garland "U.S. Senators on the nomination of Merrick Garland,"] in [[Ballotpedia]]

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Merrick Garland