I care not one whit whether Judge Garland’s tears were real or feigned! Totally irrelevant to the pressing civic/political question of Judge Garland’s treatment of defendants that come before him, in the cases he reviews. What evidence do we have available? We have this from ThinkProgress:
‘The former prosecutor also has a relatively conservative record on criminal justice. A 2010 examination of his decisions by SCOTUSBlog’s Tom Goldstein determined that “Judge Garland rarely votes in favor of criminal defendants’ appeals of their convictions.” Goldstein “identified only eight such published rulings,” in addition to seven where “he voted to reverse the defendant’s sentence in whole or in part, or to permit the defendant to raise a argument relating to sentencing on remand,” during the 13 years Garland had then spent on the DC Circuit.
To be clear, Garland’s record does not suggest that he would join the Court’s right flank if confirmed to the Supreme Court. He would likely vote much more often than not with the Supreme Court’s liberals, while occasionally casting a heterodox vote. Nevertheless, as Goldstein wrote in 2010 when Garland was under consideration to replace the retiring liberal Justice John Paul Stevens, “to the extent that the President’s goal is to select a nominee who will articulate a broad progressive vision for the law, Judge Garland would be a very unlikely candidate to take up that role.” ‘
Judge Garland shows no ‘legal compassion’ for defendants who come before him, in that he is very like Rehnquist, who idolized Judge Parker, a notorious ‘hanging judge’ of the 19th Century.
Obama demonstrates that the New Democrats are really Reaganites with a thin veneer of progressive varnish, that cracks easily and exposes them as political posers and abject conformists. Garland is their perfect candidate, his crocodile tears make him a shoo in with the New Democrats. It will be a hard sell with the Nihilist Republicans: they will want to engage in the usual obstructionist political theatrics, even if it costs them the 2016 election, with the Peronist Trump leading the ticket. Even after the convention bloodbath, in which the Party Elders try to steal the nomination from ‘The Donald’!