How will the Merrick Garland nomination end? [View all]

[Algernon Moncrieff]

What happens to Merrick Garland’s nomination in December?

Let’s assume Merrick Garland doesn’t get confirmed in the lame-duck. Does his nomination stay active when the Congress ends? No — if Obama hasn’t withdrawn it, it gets sent back to the White House. Don’t forget that Obama is officially president until Jan. 20, after a new Congress will have convened. It’s unlikely, however, that Obama would overrule Clinton’s preference if she’s elected president. But might Obama resubmit Garland’s nomination if Donald Trump wins the White House? That’s an open question.

When exactly will Garland’s nomination die? We’re not sure yet. It happens when the Senate adjourns sine die to mark the session’s end. That could be the day the senators leave in December (maybe Dec. 9, when the continuing resolution runs out, or Dec. 16, leadership’s target date). Or it could be later. It just has to happen before noon on Jan. 3, when the new Congress convenes.

What are Obama’s options once the nomination is returned? He has several options. Once Congress comes back in, he can renominate Garland or nominate somebody else — there’s no rule forcing him to pick Garland again in January. Obama can also do nothing.

17 votes, 0 passes | Time left: Time expired
	Garland will get confirmed by the current Senate before election day
	0 (0%)
	Garland will get confirmed by the current Senate after election day
	13 (76%)
	Garland will get confirmed by the incoming Senate before the new President takes office
	0 (0%)
	Hillary wins, and Barack withdraws Garland on November 9th
	3 (18%)
	Hillary wins, and neither the current nor incoming Senate confirms Garland
	1 (6%)
	Trump wins, and the pick and the nation are doomed
	0 (0%)
	Something else I didn't think of?
	0 (0%)
	0 DU members did not wish to select any of the options provided.
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