(Photo by Brendan Smialowski/AFP/Getty Images)
Joe Biden waited until it was clear that Democrats would control the United States Senate to name his Attorney General nominee. Many speculated that Biden was intentionally holding up this pick to gauge the universe of the possible. Without the Senate, he’d be forced to nominate a, for lack of a better description, “milquetoast compromise white prosecutor” as Elie Mystal put it. On the other hand, girded by a Senate unable to stymie a confirmation, Biden might pick someone who conveyed to the base that just delivered the Senate that the Justice Department would be making civil rights a priority going forward.
Well, the Democrats won the Senate and Biden has selected… the compromise white prosecutor. Wait, what?
Yes, Garland would not be the compromise pick had Democrats lost the Senate. Opening a seat on the D.C. Circuit to be held open for four years would have been nonsensical, but with Senate control, that seat is available for, one presumes, Judge Ketanji Jackson, which would be a boon to that court going forward. And, the Garland news comes the news of additional expected appointments:
Biden is expected to announce Garland’s appointment on Thursday, along with other senior leaders of the department, including former homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general.
Kristen Clarke of the Lawyers’ Committee for Civil Rights Under Law is expected to take over the Civil Rights division. Foregrounding the civil rights chain of command right off the bat does convey a symbolic commitment, but it also seems a bit hollow when the top line doesn’t match up.
As our old colleague put it:
One of the core flaws in the Democratic Party right now is its commitment to “competence” as an end in itself. Republicans are willing to embrace chaos to achieve their policy preferences. They literally spent four years nominating judges rated “Not Qualified” to get what they want. And while competence is better than incompetence, the value proposition of the Democratic Party is often presented as it seems as “vote for us, we can chew gum and walk at the same time,” which is an admirable quality but falls short of what people need out of a government.
And, right now, what a lot of the country needs to see out of government is a sign that the administration is going to make civil rights a driving force behind the Justice Department, and this doesn’t do it.
But, Garland got completely and unfairly screwed out of a Supreme Court seat, so this is a nice gesture to reward him for going through that hell. It’s just that the office of the Attorney General is probably more important than a consolation prize.
Biden to name judge Merrick Garland as attorney general [Atlanta Journal-Constitution]
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.