President Bill Clinton appointed Garland to the United States Court of Appeals for the District of Columbia Circuit in 1997, and he served as its chief judge from 2013 to 2020.
President Barack Obama, a Democrat, nominated Garland to serve as an associate justice of the Supreme Court in March 2016 to fill the vacancy created by the death of Antonin Scalia.
[10][4] He attended Niles West High School in Skokie, Illinois, where he was president of the student council, acted in theatrical productions, and was a member of the debate team.
[16][15] As an articles editor, Garland assigned himself to edit a submission by U.S. Supreme Court justice William Brennan on the topic of the role of state constitutions in safeguarding individual rights.
Instead, he helped pick the team and supervised it from Washington, D.C., where he was involved in major decisions, including the choice to seek the death penalty for McVeigh and Nichols.
[52] Circuit Judge John Roberts dissented from the denial of rehearing en banc, writing that Congress's interstate commerce power cannot reach "a hapless toad that, for reasons of its own, lives its entire life in California.
[54] For example, in United States v. Watson (1999), Garland dissented when the court concluded a prosecutor's closing argument was unduly prejudicial, objecting that a conviction should be reversed for only "the most egregious of these kind of errors.
[55] Garland has taken a broad view of whistleblower protection laws, such as the False Claims Act (FCA),[56] which creates a private cause of action against those defrauding the federal government.
"[56][58] Garland's dissent, expressing concerns that the court's ruling would impede the government's ability to pursue false claims cases against federal grantees, is credited with sparking the Fraud Enforcement and Recovery Act of 2009, which eliminated the loophole.
In al Odah v. United States (2003), a panel that included Garland unanimously held that federal courts could not hear challenges from Guantanamo detainees.
[23] In July 2011, Garland wrote for the unanimous panel when it rejected Guantanamo detainee Moath Hamza Ahmed al Alawi's petition for habeas corpus.
[65] In Cause of Action v. FTC (2015), Garland wrote for a panel unanimously overturning the agency's limitation on FOIA fee waivers to large news outlets.
[66] In cases involving campaign finance reform laws, Garland has applied Citizens United v. Federal Election Commission when he believed that he was compelled to do so, but he has not sought to extend its holding.
[64][67] In National Association of Manufacturers v. Taylor (2009), Garland wrote for the court in a decision upholding the constitutionality of lobbyist disclosure requirements under the Honest Leadership and Open Government Act.
[23] In Alexander v. Daley (2003), Garland joined a decision (authored by Judge Colleen Kollar-Kotelly), rejecting a challenge brought by District of Columbia residents seeking D.C. congressional voting rights.
[72] He joined parts of a plurality opinion written by Judge Laurence Silberman that upheld the juvenile curfew under intermediate scrutiny and a vagueness challenge.
[75] After the April 2010 announcement by Justice John Paul Stevens that he would retire, Garland was again widely seen as a leading contender for a nomination to the Supreme Court of the United States.
[81] Later that day, Senate Republicans led by Majority Leader Mitch McConnell issued a statement that they would not consider any nominee put forth by Obama, and that a Supreme Court nomination should be left to the next president of the United States.
[102][103] It was the longest pending period of a Supreme Court nominee in history, far exceeding the 125-day delay faced by the ultimately confirmed Justice Louis Brandeis in 1916.
[122][123][124][125] On June 7, 2021, the Justice Department continued its defense of a defamation lawsuit by E. Jean Carroll, arguing that Trump could not be sued because he had denied her rape allegation in offending statements in his presidential capacity.
[122][123][126] Garland in a House Judiciary Committee hearing on October 21 stated that the DOJ's briefing was solely on the question of the application of the Federal Tort Claims Act.
[122][136][137] In November 2021, the DOJ sued Texas over Senate Bill 1 which required rejection of mail ballots "for immaterial errors and omissions," alleging it would restrict voting for those with limited English proficiency, soldiers deployed and voters overseas.
[147] On April 26, Garland announced another investigation into the Louisville Metro Police Department in the aftermath of the killing of Breonna Taylor, examining the execution of search warrants.
[164][165][166][167] On July 28, 2021, the DOJ further rejected Rep. Mo Brooks's request to protect him in Eric Swalwell's civil lawsuit against him and Trump concerning his comments and actions in the attack.
[169] Garland told lawmakers that the Justice Department "will apply the facts and the law and make a decision" when considering a criminal contempt referral for Bannon.
[171][172] On February 8, 2024, the Department of Justice released a report authored by special counsel Robert Hur into President Biden's handling of classified documents, concluding that charges were not necessary in the incident.
Judicial Watch, the Heritage Foundation and CNN are the plaintiffs in these lawsuits, which are based on the failure of the Department of Justice to provide the audio in response to Freedom of Information Act requests.
[195] The resolution would have imposed a fine of $10,000 per day on Garland for defying a congressional subpoena until he handed over audio of former special counsel Robert Hur's interview with President Joe Biden.
Some observers, reportedly including President Joe Biden, assign him some responsibility for the fact that none of the indictments obtained by special counsel Jack Smith were likely to go to trial before the November 2024 election.
The Supreme Court said that "in light of the potential for actual or apparent conflicts of interest," Jessica Garland will not serve as Kagan's law clerk while her father remains as attorney general.