McConnell told Politico on Tuesday afternoon that he intends to promote Garland’s nomination. He did not explain his choice to support the candidate, the media outlet reported.
This comes after the judge was slammed by lawmakers from the Senate Judiciary Committee during the first day of his two-day confirmation hearing this week. Outside witnesses were called to give an affidavit about Garland for the second day of the hearing.
The vote for Garland’s nomination is set to take place on March 1. McConnell is the latest senior Republican member to display support for Garland’s nomination. Republicans in 2016 hindered Garland’s nomination to the Supreme Court to substitute the late Justice Antonin Scalia 11 months before the election.
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McConnell famously refused to hold hearings for Garland, setting a precedent. The Republican leader attracted anger in 2019 when he seemed to moderate his opinion, saying that he would fill the vacancy if one came up. Democrats immediately blamed him for being hypocritical, but a spokesperson for McConnell said at the time the Kentucky senator was consistent with his 2016 comments because he had said that openings that happen when the White House and Senate are held by different parties should not be acted upon.
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He again earned criticism when Republicans pushed ahead with Amy Coney Barrett’s nomination to the Supreme Court in 2020 despite intense opposition by Democrats.
Other Senate Republicans have also signaled support for Garland, including Sens. Thom Tillis (R-N.C.) and John Cornyn (R-Texas).
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In his affidavit given on Monday, Garland promised to serve the rule of law and ensure equal justice under the law, according to his prepared statements. He also pledged to manage the prosecution of protesters who breached the U.S. Capitol on Jan. 6.
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Senators on the Judiciary Committee asked Garland over a range of topics including illegal border crossings, gun control, special counsel John Durham, and domestic terrorism.
In his exchange with Sen. Josh Hawley (R-Mo.), Garland gave an evasive answer about whether illegal border crossings should continue to be treated as a crime.
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Garland replied that he had not “thought about that question.” “I think the president has made clear that we are a country with borders and with a concern about national security,” Garland continued, adding that he is not aware of any proposal “to decriminalize but still make it unlawful to enter.”
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“I just don’t know the answer to that question, I haven’t thought about it,” Garland said.
He also told Sen. Mike Lee (R-Utah.) that the Justice Department would adjust its policies on gun restrictions with the White House’s push to control the ownership of firearms.
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“The president is a strong supporter of gun control and has been an advocate all his professional life on this question,” Garland told Lee.
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