ABSTRACT

Judge Merrick Garland: His Jurisprudence and Potential Impact on the Supreme Court [April 27, 2016]   [open pdf - 1MB]

From the Document: "This report provides an overview of Judge Garland's jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia. In particular, the report focuses upon those areas of law where Justice Scalia can be seen to have influenced the High Court's approach to certain issues, or served as a fifth and deciding vote on the Court, with a view toward how Judge Garland might approach those same issues if he were to be confirmed. The report begins with his views on two overarching issues-the role of the judiciary and statutory interpretation. It then addresses 14 separate areas of law, which are arranged in alphabetical order from 'administrative law' to 'takings.'The report includes one table which notes the cases where the Supreme Court has reviewed majority opinions written or joined by Judge Garland. Another table, in the appendix to the report, identifies Judge Garland's colleagues on the D.C. Circuit and lists notable cases involving Judge Garland and that colleague. A separate report is forthcoming that will list all opinions authored by Judge Garland during his tenure on the D.C. Circuit."

Report Number:
CRS Report for Congress, R44479
Author:
Publisher:
Date:
2016-04-27
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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