However, in refusing to even consider Judge Garland, these conservatives have failed to realize that they could be worsening their own party's position. With each new contest, it seems increasingly unavoidable that Hillary Clinton will be the Democratic nominee. For the Republicans, Donald Trump is likely unstoppable, having already aggregated 673 out of 1,237 necessary delegates (that's a 119-delegate lead over both his opponents combined). In all probability, however, the billionaire insurgent will perform poorly in the general election, forcing the hard-liners to confirm a potential Justice named by a Democrat. And if they succeed in compelling Obama to withdraw Garland's name, they could face an even more liberal appointee.
Another misconception about this development is that Democrats should be unhappy with the choice simply because he was not the farthest-left candidate on the short list. To be sure, his experience as a federal prosecutor in many high-profile domestic terrorism cases may have helped to shape his views on criminal procedure, which would probably be solidly to the right of the Court's current liberal wing. However, his record on the D.C. Circuit still evinces a more progressive viewpoint on those issues than that of Sri Srinivasan, who has never overturned a single criminal conviction.
In labor law cases, Judge Garland has consistently upheld the NLRB's decisions and safeguarded the liberties of workers and the right to collective bargaining. His environmental record shows a similar deference to administrative rulemaking, even when taking these stands entails creating disparities between circuits or even weakening the effect of a deleterious Supreme Court decision. This regard for substantial justice could only benefit the Court and the nation.
In a final note, the Republicans regularly attribute to their own party a profound concern about governmental overreach and a deep belief in the separation of powers, but their refusal to perform a necessary part of the political process belies their rhetoric. In this polarized climate, both parties would do well to heed Justice Frankfurter's comments on the comparatively minimal political gridlock existing in 1952: "It would stultify one's faith in our people to entertain even a momentary fear that the patriotism and the wisdom of the President and the Congress, as well as the long view of the immediate parties in interest, will not find ready accommodation for differences on matters which, however close to their concern and however intrinsically important, are overshadowed by the awesome issues which confront the world." (Youngstown v. Sawyer, 343 U.S. 579). Or they could start by simply acknowledging that, as Justice Jackson (who once occupied the now-vacant S.C. seat) once said, "Process which is a mere gesture is not due process." (Mullane v. Hanover, 339 U.S. 306).