Merrick Garland in Biden campaign vs. Biden administration


On Civil Rights: Improve hate crime reporting; prioritize prosecutions

Amid reports of a rising number of hate crimes against Asian Americans, Garland announced he is launching a 30-day "expedited review" into how the Justice Department can bolster its efforts to prosecute hate crimes and improve data collection. Garland said he wants to find ways to improve reporting of hate crimes, "prioritize criminal investigations and prosecutions," and work with civil authorities to address cases of bias which may not rise to the statutory definition of a hate crime.
Source: Reuters, "Hate Crimes," 2021 Biden Administration Mar 30, 2021

On Government Reform: Faithful administration of FOIA essential to our democracy

Garland began his remarks by emphasizing that "[t]he principles of open government and democratic accountability are at the heart of who we are as public servants and as Americans." He further stated that "[w]ithout accountability, democracy is impossible. And democratic accountability requires the kind of transparency that the FOIA makes possible. That's why faithful administration of the FOIA is essential [to] American democracy."
Source: 2021 Biden Administration: FOIA Awards Mar 16, 2021

On Principles & Values: DOJ building a monument to ideal of justice

When I walked in the door of Main Justice this morning, it really did feel like I was coming home. I first walked into this building when I was 26 years old. I was here for a job interview and I was awestruck. This is a beautiful hall and this is a beautiful building built in the midst of the Great Depression. But, it was the ideal of justice to which it is a monument that was truly awe inspiring. Everywhere I looked there were serious people pursuing the cause of Justice.
Source: 2021 Biden Administration: Introductory address to DOJ staff Mar 11, 2021

On Principles & Values: We're united by commitment to rule of law & equal justice

All of us are united by our commitment to the rule of law and to seeking equal justice under law. We are united by our commitment to protecting our country as our oath says, "from all enemies foreign and domestic," and by our commitment to enforcing our country's laws and to ensuring the civil rights and the civil liberties of our people.
Source: 2021 Biden Administration: Introductory address to DOJ staff Mar 11, 2021

On Crime: Critic: deferential to police, lack of accountability

Elie Mystal, justice correspondent for The Nation, says Garland is an "underwhelming" pick, given his judicial record. "People need to remember that Garland was picked for the Supreme Court because he was a compromise candidate," says Mystal. "This is a centrist jurist who has a history--a troubling history, to me--of being deferential to police and being unwilling to hold police accountable for acts of brutality and misconduct."
Source: Democracy Now on 2021 Biden Administration Jan 8, 2021

On Government Reform: The rule of law is the foundation of our democracy

Garland: The rule of law is not just some lawyer's turn of phrase. It is the very foundation of our democracy. The essence of the rule of law is that like cases are treated alike, that there not be one rule for Democrats and another for Republicans; one rule for friends, another for foes; one rule for the powerful, another for the powerless; one rule for the rich and another for the poor; or different rules depending upon one's race or ethnicity.
Source: Democracy Now on 2021 Biden Administration Jan 8, 2021

On War & Peace: Judicial deference to wartime executive power

While Garland is undoubtedly a legal liberal, his record tends to line up in favor of broad judicial deference to law enforcement and wartime executive power. In the area of criminal law, Garland's votes have frequently come down on the side of prosecutors and police. In 2010, SCOTUSblog founder Tom Goldstein observed that "Judge Garland rarely votes in favor of criminal defendants' appeals of their convictions."
Source: Reason Magazine on 2021 Biden Administration Sep 5, 2018

The above quotations are from Campaign promises compared to follow-up actions taken by the Biden Administration.
Click here for other excerpts from Campaign promises compared to follow-up actions taken by the Biden Administration.
Click here for other excerpts by Merrick Garland.
Click here for a profile of Merrick Garland.
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Page last updated: Jan 17, 2022