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While it is unlikely that Merrick B. Garland will even get a hearing regarding his nomination by Obama to the Supreme Court, it is just as well that he doesn’t get one for reasons other than the political quagmire he finds himself in. He is a poor choice for Obama, and it appears that he only chose him to create fodder for his argument that Republicans are playing political games (Even though Obama has chosen that same path when he was a Senator). The President knows that Garland will never be appointed.

Garland, a former federal prosecutor, never seemed to jettison his bias for law enforcement and contempt for the rights of criminal defendants since strapping on a judicial robe. A strange choice for Obama except for the rationale noted above. Garland has repeatedly sided with the government on Guantanamo Bay detainee cases, search and seizure matters and other cases where defendants have raised due process claims to argue that they were denied fair trials. Significantly, he dissented when the majority saw clear errors that denied the defendants fair trials. This is not a person we need on the United States Supreme Court. Fortunately, the decision will never be made, because Clinton would certainly appoint a more progressive person and Trump or Cruz would go to the far right– Garland fits into neither of these categories.

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