By now, every reader knows that President Obama has appointed D.C. Circuit Chief Judge Merrick Garland to the Supreme Court.   On the merits, Garland appears to be a sterling appointment with impressive credentials and moderately liberal views on most issues and moderately pro-government views on criminal issues, positions that approximate those of the President.   As a political matter, he, of the named contenders for the Supreme Court, is the one most likely to overcome the Republicans' stated refusal to approve any nominee until the next President is in office.  I predict that Garland will be confirmed, but not until 2017, in the first term of President Hilary Clinton.

Garland, I also predict, will be a middle-of-the-road justice on criminal justice issues and generally pro-government on white-collar crime issues,  somewhat like Justice Elena Kagan.   He will, at least on white-collar issues, be far less pro-defense than his predecessor, Justice Antonin Scalia.   Scalia, although painted by liberals as an arch-conservative (as indeed he was on some social issues, like abortion and same-sex marriages) had pro-defense views on many issues, such as the right to confront witnesses, the right to trial by jury, and overcriminalization.   Not only did he often vote in favor of the defendant, he sometimes authored opinions with  innovative interpretations that became established law.  

At a bar  affair at which I was introduced to Justice Scalia as the president of the National Association of Criminal Defense Lawyers, he said, absolutely deadpan, "Why don't you guys give me an award?  I'm the best justice you have."   The NACDL never did, nor was it to my knowledge ever seriously considered, no doubt because of his overall conservative reputation and record.  It may to some seem far-fetched, but I would not be surprised if a few years ago from now, white-collar defense lawyers will be lamenting the loss of Justice Scalia.