JOSE DÍAZ-BALART (HOST): You wrote yesterday that Merrick Garland's credentials cannot be questioned and that he's impeccably qualified to serve. What is your group trying to do to convince sitting senators that he at least deserves a hearing?
CAROLINE FREDRICKSON: Well I think one of the most important things is to remind them that the constitution says that the president nominates and Senate provides advice and consent. And it has, as Ari pointed out, and it has done so, historically and without variation, moved forward on nominations even in election years and most times often confirmed those nominees. So for senators who actually believe that they have a role to play that the constitution describes and requires of them, we're reminding them of what that is.
DÍAZ-BALART: There is no precedent that close to elections or presidential elections, especially. There have been moments when that decision has been postponed?
FREDRICKSON: No, actually. And as a letter of constitutional law professors has pointed out that there have been 21 Supreme Court justices who have been confirmed in the final year of a presidency. And so throughout our history, there have been justices nominated and confirmed. And so what we're in right now a is a constitutional Bermuda triangle that we have never been in before. The Republican leadership in the Senate is creating a situation that is unprecedented and it's really quite dangerous for our constitution.
DÍAZ-BALART: Are you surprised that the president didn't take the opportunity to maybe add a more progressive voice to the Supreme Court with his pick?
FREDRICKSON: I think Judge Garland is somebody that has been recognized across the spectrum as being an incredibly fine judge. He has credentials that are unrivaled. His experience, 18 years on the D.C. circuit, has been met with only praise.
DÍAZ-BALART: Are you surprised that the president didn't choose someone, you know, different?
FREDRICKSON: Well, I think there were a number of fine candidates that he was considering and he picked somebody that the Republican senators themselves have said they would welcome to be named. Orrin Hatch just last week said that Merrick Garland is a fine man and should be considered. Carrie Severino, the head of the Judicial Crisis Network -- which under George Bush was called the Judicial Confirmation Network but changed when President Obama became president -- in 2010 she said that Merrick Garland should be nominated because he's somebody that would lower the temperature in Washington, D.C. So I think President Obama has picked somebody with fine credentials and we are excited about that.
