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Merrick Garland’s been called a “moderate” by a lot of people, but that’s only because he tends to side with the government irrespective of who happens to be in charge.
A. Barton Hinkle writes:
Garland’s reputation for moderation rests partly on his experience as a former federal prosecutor who, as Painter notes, “has aggressively and thoroughly prosecuted terrorists”—including the Unabomber and Timothy McVeigh. And perhaps because of that background, Garland is exceedingly friendly to law enforcement.
A New York Times analysis examined 14 criminal cases in which Garland voted differently from other judges. In 10 of them, Garland sided with the government—a record that “has contributed to his image as a moderate,” the paper notes.
But then, when has Garland not sided with the government?
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