Durbin to Graham: ‘Sorry’ no hearing for Garland so far

Senate Democrats are pushing for a Feb. 8 hearing Merrick GarlandMerrick Brian Garland Democrats weigh in on expansion of lower courts after Trump blitz Biden begins staff committee to study Supreme Court reform: report Over 40 lawmakers sign letter asking Merrick Garland to prioritize abolition of the death penalty MORE, President Biden’s choice to become Attorney General.

Garland is yet to receive another hearing weeks after his nomination, in part due to a quirk that allows Republicans to retain control of the Senate judicial committee.

While Democrats hold the majority in the Senate, Republicans still control committees because the Senate has not yet passed a power-sharing deal. Without an organizing resolution, the Senate committees are still following the organization of the 116th Congress. That leaves Sen. Lindsey GrahamLindsey Olin Graham Trump Announces New Legal Team For Impeachment After Reported Departure, 5 Lawyers Leave Trump Impeachment Team Ahead of Trial: Reports Biden Reviving Immigration Fight in Congress MORE (RS.C.) as Chairman of the Judiciary Committee.

Her. Dick DurbinDick Durbin Progressives Urge Controversial Budget Reconciliation Proposal to Democrats as Lower Courts Expand after Trump blitz Biden revived the immigration fight in Congress. (D-Ill.) Sent Graham a letter on Monday asking him to schedule the hearing, arguing that there was “just no justification” to oppose giving Garland a hearing before the judicial committee on August 8 February.

“I regret that we have not been able to agree on a timeline for processing this nomination. While I remain determined to work with you and Senator Grassley, the committee’s new rankings member, to reach a bipartisan consensus on the timing, there is simply no justification for further delaying Judge Garland’s hearing, ” Durbin wrote in the letter.

Durbin suggested in his letter that Graham is currently refusing to give Garland a hearing on February 8, writing, “It is my hope … that you will reconsider your objections to going ahead with a February 8 hearing.”

Graham spokespersons did not immediately respond to a question about Durbin’s request.

If Graham disagrees with a February 8 hearing, Durbin warned he was “willing to take other steps to expedite the Senate’s handling of Judge Garland’s nomination if his hearing is canceled on February 8”.

A Durbin spokesperson did not immediately provide details of what steps Durbin would be willing to take. But Durbin defended Garland in his letter.

“He is a mainstream, consensus choice that should be quickly confirmed, both on the basis of his merits and the urgent need to respond to the January 6 uprising and other national security threats,” Durbin wrote.

Democrats can confirm Garland without GOP backing once his nomination is on the Senate floor. Under a rule change enacted by Senate Democrats in 2013, lower-level court choices and executive nominees only need a simple majority to defeat a filibuster and ultimately be confirmed.

It’s not the first time Republicans have refused to hear Garland.

Former President Obama nominated him to the Supreme Court in 2016, but Republicans declined to hear or vote his nomination due to the impending presidential election. In 2020, Republicans set a new record for how close to a presidential election a Supreme Court candidate is confirmed when they see Justice Amy Coney BarrettAmy Coney Barrett Democrats weigh in on expansion of lower courts after Trump blitz South Carolina Senate votes to ban most abortions in state Biden Begins Staff Committee to Study Supreme Court Reform: Report MORE, former President TrumpDonald Trump Biden reverses Trump’s last-minute attempt to freeze 0.4 billion programs‘s choice to succeed Justice Ruth Bader GinsburgRuth Bader Ginsburg Goodwin Liu’s background and experience make him an ideal choice for California Attorney General In Biden, the media finally has a religious president to celebrate NYC’s street and subway signs transformed to welcome Biden, and to say goodbye to Trump MORE, on the couch.

Graham praised Garland earlier this year when Biden selected him as a candidate for his attorney general, calling him a “good choice.”

If the media reports are accurate, I think Judge Garland would be a good choice to become the next Attorney General. He’s a man of great character, integrity and tremendous competence in the law, ”Graham tweeted at the time.

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