Merrick Brian Garland is the 86th United States attorney general. He served as a U.S. circuit judge for the D.C. Circuit from 1997 to 2021. In 2016, President Obama nominated him to the Supreme Court, but the Republican-led Senate blocked his appointment.
Merrick Garland's father, Cyril Garland, was born in 1915.
Merrick Garland's mother, Shirley Horwitz, was born in 1925.
Merrick Brian Garland was born on November 13, 1952.
Merrick Garland graduates from Niles West High School as valedictorian in 1970.
Lewis F. Powell Jr. was nominated to the Supreme Court in 1971.
In 1974, Merrick Garland graduated summa cum laude from Harvard University with a Bachelor of Arts degree.
Merrick Garland graduates magna cum laude from Harvard Law School with a Juris Doctor degree in 1977.
Merrick Garland started working as a judicial law clerk for Judge Henry Friendly of the U.S. Court of Appeals for the Second Circuit in 1977.
In 1978, Merrick Garland began working as a clerk for Justice William J. Brennan Jr. of the U.S. Supreme Court.
After completing his clerkships, Merrick Garland took on the role of special assistant to U.S. Attorney General Benjamin Civiletti in 1979.
Following the end of the Carter administration, Merrick Garland joined the law firm Arnold & Porter in 1981.
In 1983, Merrick Garland served as counsel for an insurance company in the case of Motor Vehicles Manufacturers Ass'n v. State Farm Mutual Automobile Insurance Co., advocating for the reinstatement of an automatic seat belt mandate.
Merrick Garland was made partner at Arnold & Porter in 1985.
In September 1987, Merrick Garland married Lynn Rosenman at the Harvard Club in Midtown Manhattan. Lynn's grandfather, Samuel Irving Rosenman, had served as a justice of the New York Supreme Court and as special counsel to Presidents Franklin D. Roosevelt and Harry S. Truman. The couple resides in Bethesda, Maryland.
Seeking to return to public service, Merrick Garland became an assistant United States attorney at the U.S. Attorney's Office for the District of Columbia in 1989.
From 1991 to 1994, Merrick Garland served as co-chair of the administrative law section of the District of Columbia Bar.
Merrick Garland returned to work at Arnold & Porter for a brief period from 1992 to 1993.
Merrick Garland joined the Clinton administration in 1993 as the deputy assistant attorney general in the Criminal Division of the United States Department of Justice.
Merrick Garland finished his term as co-chair of the administrative law section of the District of Columbia Bar in 1994.
On September 6, 1995, President Bill Clinton nominated Merrick Garland to the U.S. Court of Appeals for the District of Columbia, filling the seat left vacant by Abner J. Mikva. Notably, Justice Brennan, for whom Garland had previously clerked, strongly endorsed him for the position.
On December 1, 1995, Merrick Garland participated in a hearing before the Senate Judiciary Committee concerning his nomination to the U.S. Court of Appeals. During the hearing, Garland revealed his admiration for Supreme Court Justices Brennan, John Marshall, and Oliver Wendell Holmes Jr. However, due to a disagreement on filling the vacant seat, Senate Republicans opted not to schedule a confirmation vote for Garland.
The D.C.'s Juvenile Curfew Act of 1995 was implemented.
In November 1996, Bill Clinton won the presidential election.
Following his victory in the November 1996 presidential election, President Clinton renominated Merrick Garland to the U.S. Court of Appeals on January 7, 1997.
Merrick Garland was confirmed to the U.S. Court of Appeals on March 19, 1997, securing a substantial 76-23 vote. Notably, a significant portion of Republican senators, including prominent figures like John McCain, Orrin Hatch, Susan Collins, and Jim Inhofe, voted in favor of Garland's confirmation.
On March 20, 1997, Merrick Garland received his judicial commission, marking his official appointment to the U.S. Court of Appeals.
In 1997, Merrick Garland began his tenure as a U.S. Circuit Judge for the United States Court of Appeals for the District of Columbia Circuit.
In 1998, in the case of United States ex rel. Yesudian v. Howard University, Merrick Garland authored the court's opinion, holding that a plaintiff alleging dismissal for whistleblowing by Howard University could sue under the False Claims Act (FCA) for retaliation.
In 1999, in the case of United States v. Watson, Merrick Garland dissented when the court determined that a prosecutor's closing argument was excessively prejudicial. Garland contended that convictions should only be overturned for the most severe instances of such errors.
In the 1999 Hutchins v. District of Columbia case, Garland joined four other D.C. Circuit judges in concurring that the D.C.'s Juvenile Curfew Act of 1995 had implications for the rights of minors. He joined parts of the plurality opinion upholding the curfew under intermediate scrutiny.
Cyril Garland, Merrick Garland's father, passed away in 2000.
In 2002, Garland joined a unanimous court ruling that sided with two federal prisoners who had been denied the right to consume communion wine.
In 2003, Garland joined a decision rejecting a challenge from District of Columbia residents advocating for D.C. congressional voting rights. The case, Alexander v. Daley, was authored by Judge Colleen Kollar-Kotelly.
In 2003, Merrick Garland was part of a unanimous panel that ruled in al Odah v. United States. The panel concluded that federal courts lacked the authority to hear challenges from detainees held at the Guantanamo Bay detention camp.
In 2003, in the case of Rancho Viejo, LLC v. Norton, Merrick Garland determined that the arroyo toad was protected under the federal Endangered Species Act. Notably, Circuit Judge John Roberts dissented from denying a rehearing, arguing that Congress's interstate commerce power didn't extend to a toad residing solely in California.
Merrick Garland was elected to the Harvard Board of Overseers in 2003, completing the term of Deval Patrick.
In 2004, in the case of United States ex rel. Totten v. Bombardier Corp., Merrick Garland dissented from the court's decision, penned by Judge John Roberts, that the FCA didn't apply to false claims submitted to Amtrak. Garland argued against the narrow interpretation, emphasizing legislative intent, while Roberts cited a book by Circuit Judge Henry Friendly as justification.
Garland issued a dissenting opinion in 2005 when the D.C. Circuit affirmed the district court's contempt order against reporters who refused to name anonymous sources during the Wen Ho Lee investigation. Garland argued the panel didn't adequately weigh the public interest in protecting sources against compelled disclosure, a decision he felt undermined press freedom.
During confirmation hearings in 2005, Senator Chuck Grassley directly questioned John Roberts regarding his decision not to adopt Merrick Garland's interpretation of the False Claims Act in a previous case. Roberts' response, "Any time Judge Garland disagrees, you know you're in a difficult area," highlighted the weight and respect given to Garland's legal opinions.
Garland voted in favor of an en banc review in 2007 regarding the D.C. Circuit's panel decision in Parker v. District of Columbia, a case concerning the invalidation of the D.C. handgun ban. The Supreme Court later affirmed the invalidation.
In 2007, Merrick Garland dissented when the en banc D.C. Circuit reversed the conviction of a Washington, D.C. police officer who had accepted bribes during an FBI sting operation, demonstrating his perspective on criminal cases.
In 2008, Merrick Garland authored the opinion for a unanimous panel in the case of Parhat v. Gates. The court overturned the Combatant Status Review Tribunal's designation of a captured Uyghur as an enemy combatant.
Following Justice David Souter's retirement announcement in 2009, Garland was considered as a finalist for the Supreme Court position. The position was eventually filled by Sonia Sotomayor.
From 2009 to 2010, Merrick Garland held the position of president of the Harvard Board of Overseers.
Garland was considered for a vacant seat on the United States Supreme Court in 2009.
In 2009, Garland authored the court's decision in National Association of Manufacturers v. Taylor, which upheld the constitutionality of lobbyist disclosure requirements outlined in the Honest Leadership and Open Government Act.
In 2009, Merrick Garland dissented in the case of Saleh v. Titan Corp. The court held that former Iraqi detainees at Abu Ghraib prison could not sue private military contractors involved in torture and prisoner abuse. Garland argued that the lawsuit should proceed as there was no legal basis for granting immunity to the contractors, and holding them liable wouldn't impede government operations.
Merrick Garland's 2004 dissent in the United States ex rel. Totten v. Bombardier Corp. is believed to have influenced the enactment of the Fraud Enforcement and Recovery Act of 2009. His dissent raised concerns that the court's ruling could hinder the government's ability to pursue false claims cases against federal grantees, prompting legislative action to address the perceived loophole.
Justice John Paul Stevens announced his retirement from the Supreme Court in April 2010.
Senator Orrin Hatch from Utah expressed his support for Garland as a potential Supreme Court nominee in May 2010, calling him a "consensus nominee."
Elena Kagan was confirmed to the Supreme Court in August 2010 after being nominated by President Obama.
In 2010, Tom Goldstein, the publisher of SCOTUSblog, characterized Judge Merrick Garland as essentially a "model, neutral judge." Goldstein highlighted that Garland's opinions refrained from unnecessary and broad pronouncements, indicating a measured and impartial approach.
Garland authored the decision in 2010 for a unanimous court ruling in favor of an Interior Department employee. The employee filed a religious discrimination claim after the department wouldn't allow a work schedule change to accommodate her church and Bible study commitments.
Garland was considered for a vacant seat on the United States Supreme Court in 2010.
In July 2011, Merrick Garland authored the unanimous panel decision rejecting Guantanamo detainee Moath Hamza Ahmed al Alawi's petition for habeas corpus.
On February 12, 2013, Merrick Garland assumed the position of Chief Judge of the D.C. Circuit.
In May 2013, Chief Judge Merrick Garland announced the D.C. Circuit's unanimous decision to provide the public with same-day audio recordings of oral arguments in the court, enhancing transparency and accessibility.
In 2013, Merrick Garland assumed the role of Chief Judge of the D.C. Court of Appeals.
In 2013, Merrick Garland demonstrated a tendency to defer to regulatory agencies in certain cases. For instance, in In re Aiken County, he dissented when the court ordered the Nuclear Regulatory Commission to process the Yucca Mountain nuclear waste repository license. Similarly, in Americans for Safe Access v. Drug Enforcement Administration, he joined a divided court upholding the DEA's classification of marijuana as a Schedule I drug.
In 2013, while serving on the D.C. Circuit, Garland wrote the opinion for a unanimous panel rejecting the CIA's Glomar response in the ACLU v. CIA case. The court ordered the agency to process the ACLU's FOIA request related to targeted killings by CIA drones.
In 2015, Garland wrote the opinion for the unanimous en banc D.C. Circuit in the Wagner v. Federal Election Commission case, upholding a ban on federal contractors making campaign contributions due to concerns about government corruption.
In the 2015 Cause of Action v. FTC case, Garland authored the panel's unanimous decision to overturn the Federal Trade Commission's limitations on FOIA fee waivers for large news outlets.
Supreme Court Justice Antonin Scalia passed away on February 13, 2016.
President Barack Obama nominated Merrick Garland to serve as an Associate Justice of the Supreme Court in March 2016 following the death of Antonin Scalia.
In March 2016, The New York Times reported Garland was being considered for the Supreme Court vacancy. He was later named to the President's shortlist, and on March 16, 2016, Obama formally nominated Garland for the position.
Garland was nominated by President Barack Obama for the Supreme Court seat left vacant by the death of Justice Antonin Scalia in 2016.
Shirley Garland, Merrick Garland's mother, passed away in 2016.
President Barack Obama nominated Merrick Garland to the U.S. Supreme Court in 2016. However, the Republican-led Senate blocked his appointment.
As of 2016, Merrick Garland was known for his collegiality and for writing relatively few dissents during his two decades on the court. In fact, he had written just fifteen dissents, which was fewer than his colleague Brett Kavanaugh, who had written approximately 17 dissents in the preceding decade.
After 293 days, Merrick Garland's nomination to the Supreme Court expired on January 3, 2017, at the end of the 114th Congress.
On January 31, 2017, President Donald Trump nominated Neil Gorsuch to fill the Supreme Court vacancy left by the expired nomination of Merrick Garland.
On April 7, 2017, the Senate confirmed Neil Gorsuch's nomination to the Supreme Court, filling the vacancy for which Merrick Garland had been nominated but not confirmed.
Merrick Garland's seven-year term as Chief Judge of the D.C. Circuit concluded on February 11, 2020, with Judge Sri Srinivasan succeeding him. Despite this transition, Garland remained an active member of the court.
In early July 2020, Justice Elena Kagan hired Jessica Garland, a 2019 Yale Law School graduate and Merrick Garland's daughter, as one of her law clerks. However, due to potential conflicts of interest, Jessica did not serve as Kagan's law clerk while her father remained Attorney General.
Merrick Garland concluded his term as Chief Judge of the D.C. Court of Appeals in 2020.
Merrick Garland was selected by President-elect Joe Biden for the position of United States Attorney General on January 6, 2021.
President Joe Biden nominated Merrick Garland for the position of U.S. Attorney General in January 2021.
On March 11, 2021, Garland retired from his position in federal judicial service. This move allowed him to accept the appointment as the Attorney General of the United States.
In April 2021, Russia imposed sanctions on Merrick Garland, prohibiting him from entering the country. This was in retaliation for the U.S. expulsion of Russian diplomats due to actions such as the SolarWinds hack.
On April 21, 2021, following the conviction of Derek Chauvin for the murder of George Floyd, Garland announced an investigation into the Minneapolis Police Department's use of force and discriminatory conduct.
In May 2021, the Department of Justice, under Garland's leadership, appealed a ruling to make public a memo detailing former AG Bill Barr's rationale for clearing President Trump of obstruction of justice.
On June 7, 2021, the Department of Justice, with Garland's involvement, continued its defense of a defamation lawsuit by E. Jean Carroll against President Trump, arguing he couldn't be sued for denying rape allegations made while in office.
In June 2021, Garland pledged to increase staff focused on voting rights protection in response to Republican efforts to restrict voting. He also announced a lawsuit against Georgia over its new voting restrictions.
In June 2021, the DOJ, under Garland's leadership, reversed a Trump-era policy that banned federal officers from using body-worn cameras and mandated their use in specific situations.
On July 1, 2021, Merrick Garland imposed a moratorium on federal executions, pending review of policies and procedures, aligning with Biden's pledge to end the federal death penalty.
In July 2021, the DOJ, under Garland's leadership, released guidance on election law changes and post-election audits, emphasizing their observation of states' compliance with federal election and civil rights laws.
On July 26, 2021, the DOJ sent letters to former DOJ officials from the Trump administration, informing them that they could provide unrestricted testimony about Trump's attempts to overturn the 2020 presidential election and the January 6 Capitol attack. The DOJ stated that it would not exert executive privilege over their testimony, allowing them to speak freely to the House Oversight Committee and Senate Judiciary Committee.
On July 28, 2021, the DOJ denied Rep. Mo Brooks's request for protection in the civil lawsuit filed by Eric Swalwell. The lawsuit pertained to comments and actions related to the January 6 attack. The DOJ determined that Brooks's actions were outside the scope of his official responsibilities as a member of Congress, therefore not warranting DOJ protection.
On September 14, 2021, the DOJ announced a civil investigation into prisons in Georgia, focusing on prison violence and sexual abuse of LGBTQ prisoners.
On October 13, 2021, the DOJ launched an investigation into five juvenile detention facilities in Texas. The investigation focused on systemic physical or sexual abuse of children within these facilities. This move was part of the DOJ's efforts to address and rectify allegations of mistreatment and ensure the safety and rights of juveniles in detention.
In October 2021, amid rising threats against school board members, Merrick Garland issued a memo addressing the increase in harassment and threats of violence against school officials. The memo directed the FBI and US attorneys' offices to set up meetings with law enforcement leaders to establish tiplines for reporting threats and discussing strategies to address these issues. This action followed a request from the National School Boards Association for a federal response to the threats.
On October 21, 2021, the U.S. House of Representatives voted to refer Steve Bannon to the DOJ for criminal contempt of Congress after he defied a subpoena from the House's January 6 select committee. The referral was sent to the U.S. Attorney for DC, who would decide whether to present it to a grand jury for indictment. Merrick Garland stated that the DOJ would apply the facts and law to make a decision on the matter.
In 2021, the DOJ issued a memo restricting the use of chokeholds and carotid restraints by federal officers during arrests. These tactics were prohibited unless deadly force was authorized. Additionally, the memo limited the use of no-knock entries, directing officers to knock-and-announce unless there were reasonable grounds to believe that such action would create an imminent threat of physical violence. This initiative aimed to reduce the use of excessive force and enhance the safety of law enforcement operations in 2021.
Merrick Garland concluded his service as a U.S. Circuit Judge in 2021.
As of 2021, Merrick Garland's net worth was estimated by Forbes to be between $8.6 million and $33 million. This financial status was noted in the context of his public service and career achievements.
In November 2022, shortly after Donald Trump announced his 2024 presidential campaign, Merrick Garland appointed Jack Smith as special counsel to oversee the investigations into Trump. This appointment was part of the DOJ's efforts to ensure thorough and impartial investigations into Trump's activities.
On February 8, 2024, the DOJ released a report by special counsel Robert Hur on President Biden's handling of classified documents. The report concluded that charges were not necessary, citing issues with Biden's memory and mental acuity. Biden had been interviewed during the investigation, which helped form the report's conclusions.
On June 12, 2024, Merrick Garland was held in contempt by the House of Representatives for defying subpoenas and refusing to disclose audio of President Biden's interview conducted by special counsel Robert Hur. The DOJ argued that Biden's invocation of executive privilege prevented Garland from releasing the materials. Concerns were also raised that the audio could be fraudulently edited or deepfaked, potentially hindering future investigations.
In November 2024, Merrick Garland faced criticism for the slow pace of prosecutions against former President Donald Trump. Observers, including President Joe Biden, attributed some responsibility to Garland for the delay in bringing the cases to trial before the 2024 election. Representative Adam Schiff commented on the potential impact of these delays on the trials.