BULLETIN – AT 10:06 A.M. ET:  Both Fox and CNN are reporting that Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia, will be nominated by President Obama at 11 a.m. to replace Antonin Scalia on the U.S. Supreme Court.

A bit of a surprise.  Although Garland has been on Obama's short list, as we noted earlier today, he is 63 and a white male.   It's unusual for a Supreme Court nominee to be that old, as presidents see their Court appointments as part of their legacy, and want that legacy to go on as long as possible.   True, Garland is chief judge of the most prestigious federal judicial circuit, but that doesn't change his age.

Also, it was widely expected that Obama would avoid naming a white male.  Sri Srinivasan, another candidate on the short list, would have been the first Asian American nominated to the Court.

The apparent Republican strategy, from late reports, will be to concede Garland's qualifications, but still refuse to consider him, on procedural grounds.  Republicans will insist that no nomination should be weighed this close to a presidential election.

We must also add that Garland has a history of antagonism toward the rights of gun owners, something that will play heavily in a Republican Senate.  It may be the disqualifier.

I suspect that Garland's nomination will languish this year.  Should Hillary be elected, she could renominate him, but it's more likely she'd want her own, clear choice.  In addition, Garland has no constituency.  He isn't a member of a demanding ethnic or sexual group.  He isn't a "first."  Who'll be shouting if his nomination fails?

March 16, 2016