Apparently Biden has settled on his attorney general pick — and it’s Judge Merrick Garland, whose nomination to the Supreme Court by Obama was famously blocked by McConnell in 2016. There were a few other names in contention, including former Alabama Sen. Doug Jones, but with Democrats likely in control of the Senate, naming Garland to this position has one distinct advantage, apart from its obvious symbolic appeal: Once he steps down from his current position on the D.C. Circuit Court of Appeals, Biden will be able to name a younger replacement. That’s especially important because the D.C. Circuit is often a stepping stone to the Supreme Court, so Biden could use this appointment to tee up a potential high court nominee. (Yes, this is really the kind of strategic maneuvering that can happen with judicial appointments!) Garland also has the advantage of being known as relatively moderate, which will likely help him during the confirmation process, although all of Biden’s executive branch nominations are likelier to be much smoother if Democrats are in control of the Senate.
