Obama Supreme Court Choice Garland Receives High Marks From Communications Lawyers
Merrick Garland, President Barack Obama's Supreme Court pick, is highly respected by communications attorneys we talked to Wednesday after the White House announced his nomination. Garland has been a judge since 1997 on the U.S. Court of Appeals for the…
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D.C. Circuit, which decides many FCC cases, and he is now chief judge. "People get jaded about hearing judicial nominees described as 'brilliant' and 'unbiased' and having a 'perfect judicial temperament.' But it's all true here. No one can oppose this choice on the merits,'" said Harris Wiltshire attorney Chris Wright, a former FCC general counsel, who has argued several cases before Garland and read many of his opinions. "He's a great judge," said another telecom attorney. "He's straight down the line, a good judge, a very solid appointment," said a media attorney. "He's certainly qualified, but it sounds like he doesn't have a snowball's chance in hell of getting confirmed. It would take a miracle." Republican senators have vowed not to act on Garland's nomination. Despite Garland's long tenure, some attorneys said it's hard to pigeonhole his communications views. Andrew Schwartzman, Georgetown University Institute for Public Representation senior counselor, said Garland doesn't have a clear-cut "communications track record," because most of his FCC decisions weren't in big cases. "I'd have to go back and look," he said. Another veteran attorney, who called Garland a moderate Democrat and "smart guy," had a similar impression: "I don't believe he's been a key player in many major FCC decisions." One significant case Garland did help decide was a Verizon challenge to FCC wireless data-roaming rules, where he joined two other judges in upholding the agency's order in December 2012 (Cellco Partnership v. FCC). Judge David Tatel wrote that opinion.