Georgetown Law’s Randy Barnett says his former Harvard Law classmate, Merrick Garland, would make an unexceptional addition to the nation’s high court.
In an interview with Reason TV, Barnett is very open when it comes to his characterization of his old school chum, who he acknowledges is a very smart guy, but is lacking in originalism.
“He is a deference guy par excellence. He defers to the EPA. He defers to administrative agencies. That guy defers like crazy,” says Barnett.
Barnett goes on to explain in his view the post-New Deal Supreme Court as being one which has placed a reliance on judicial philosophy which, in turn, requires a jurist with original ideas– rather than a “deference guy.”
The law school professor then closes with his views on the constitutionality of delaying a Senate vote on replacing the now-open seat on the Supreme Court until after the election.
“Its something that the people as voters– the electorate– should have a say so as to how this court is gonna look in the future,” he argues.
As noted in his bio, Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he directs the Georgetown Center for the Constitution and teaches constitutional law and contracts. He has been a visiting professor at Harvard Law School, the University of Pennsylvania, Northwestern, and the Universidad Francisco Marroquín.