On March 16^th, President Obama stood in the Rose Garden and announced that he would nominate Merrick Garland to be the 113^th justice of the U.S. Supreme Court. Garland, who has served on the Appeals Court for the D.C. Circuit for two decades, is one of the sharpest legal minds in the country and has drawn praise from both sides of the aisle. But even though Garland is arguably the most valid nominee in modern history, he could have one of the most difficult paths to success on the Supreme Court.

Within hours of the unexpected death of Justice Antonin Scalia, lawmakers had turned the vacant seat into a hot-button political issue. Less than an hour after Justice Scalia’s death, Senate Majority Leader Mitch McConnell stated that “the Senate will not accept the President’s nominee” and that “the next President should fill the vacancy.” White House officials, who were shocked by Senator McConnell’s quick response to condemn any and all nominees, later confirmed that the President would nominate someone after consulting with his legal team. Less than a month after Justice Scalia’s death, President Obama fulfilled his promise by nominating Merrick Garland.

During the Senate debate over Garland’s nomination to the D.C. Circuit in 1997, Senator Orrin Hatch of Utah described Garland’s “… legal experience… honesty… integrity… and acumen.” When asked about that quote on NBC’s Meet the Press, Senator Hatch stood by his opinions on Judge Garland, and described him as a “close friend.” But he also said that this Supreme Court vacancy “isn’t about the person, it’s about the principle.” Senator Hatch, along with many conservatives, argue that no Supreme Court seat in modern history has been vacated and filled during an election year, and that it is their responsibility to continue this trend. Senator Chuck Grassley, who heads the Judiciary Committee, stated that Republicans are simply playing by “Biden Rules” which is a reference to a speech that then-Senator Joe Biden made in 1992, attempting to block President George H.W. Bush’s Supreme Court nominee because “the political season had begun.”

One can debate the “constitutionality” or the “tradition” surrounding Judge Garland’s nomination, but one thing is for sure: Republicans and Democrats have fought this fight before; the only difference is who’s in the White House. The real issue is the fact that the highest court in the land is now split between four liberal and four conservative justices. This means that the Court could split 4-4 on certain issues, just as they did last week in Friedrichs v. California, which required teachers who benefited from union negotiations to pay an “agency fee.” The ruling in Friedrichs forced the decision to be handed down to the Ninth Circuit Court of Appeals. When the Supreme Court ties, the lower court becomes its fully empowered proxy.

Regardless of the rulings that are soon to be handed down, the possibility of ties, the influence of Justice Scalia following his death, and the political football that is being thrown across the aisle in the Capitol building, one thing is for sure. Judge Merrick Garland is an incredibly qualified, intelligent, honest, non-partisan nominee who would certainly appease an overwhelming majority of Senators; if only he had been nominated at any other time.

Judge Garland graciously accepts the President’s nomination while surrounded by family, friends, and the Washington elite. In his acceptance speech, Garland called for an end to partisan politics when it came to the highest court in the land. ”

Judge Garland graciously accepts the President’s nomination while surrounded by family, friends, and the Washington elite. In his acceptance speech, Garland called for an end to partisan politics when it came to the highest court in the land.

Gallery • 2 Photos

CNN

Merrick Garland walks to the Rose Garden with President Obama and Vice President Biden for his nomination.