Confirmation process for Merrick Garland for U.S. attorney general
President Joe Biden (D) announced Merrick Garland was his nominee for U.S. attorney general on January 7, 2021.[1] This presidential appointment required Senate confirmation.
The Senate Judiciary Committee held Garland's confirmation hearing for February 22-23, 2021. The Senate confirmed him on March 10, 2021, by a vote of 70-30.
The Biden Transition said in a press release, "A consensus-building voice, Judge Garland has worked under Democratic and Republican administrations. He led investigations into some of the most high-profile cases and crises in modern history, including the 'Unabomber' Ted Kaczynski, and coordinated the government’s response to the Oklahoma City bombing. Judge Garland’s nomination underscores the [Biden's] commitment to restore integrity and the rule of law, boost morale of the dedicated career professionals at DOJ, and build a more equitable justice system that serves all Americans."[2]
This page includes the following information about the confirmation process:
- Confirmation vote roll call
- Senate confirmation hearing
- Financial disclosures
- About the nominee
- About the confirmation process
- Other Biden Cabinet nominees
- Historical comparison of Cabinet confirmations
Confirmation process
Confirmation vote roll call
Garland was confirmed on March 10, 2021, by a vote of 70-30.
Click on the following table to view the full roll call.
Senate vote on Merrick Garland's nomination for attorney general (March 10, 2021) | |||
---|---|---|---|
Alabama | Richard Shelby | Republican | No |
Alabama | Tommy Tuberville | Republican | No |
Alaska | Lisa Murkowski | Republican | Yes |
Alaska | Dan Sullivan | Republican | No |
Arizona | Kyrsten Sinema | Democrat | Yes |
Arizona | Mark Kelly | Democrat | Yes |
Arkansas | John Boozman | Republican | No |
Arkansas | Tom Cotton | Republican | No |
California | Dianne Feinstein | Democrat | Yes |
California | Alex Padilla | Democrat | Yes |
Colorado | Michael F. Bennet | Democrat | Yes |
Colorado | John Hickenlooper | Democrat | Yes |
Connecticut | Richard Blumenthal | Democrat | Yes |
Connecticut | Chris Murphy | Democrat | Yes |
Delaware | Tom Carper | Democrat | Yes |
Delaware | Chris Coons | Democrat | Yes |
Florida | Rick Scott | Republican | No |
Florida | Marco Rubio | Republican | No |
Georgia | Jon Ossoff | Democrat | Yes |
Georgia | Raphael Warnock | Democrat | Yes |
Hawaii | Mazie Hirono | Democrat | Yes |
Hawaii | Brian Schatz | Democrat | Yes |
Idaho | Mike Crapo | Republican | No |
Idaho | James E. Risch | Republican | No |
Illinois | Dick Durbin | Democrat | Yes |
Illinois | Tammy Duckworth | Democrat | Yes |
Indiana | Mike Braun | Republican | No |
Indiana | Todd Young | Republican | No |
Iowa | Chuck Grassley | Republican | Yes |
Iowa | Joni Ernst | Republican | Yes |
Kansas | Roger Marshall | Republican | No |
Kansas | Jerry Moran | Republican | Yes |
Kentucky | Mitch McConnell | Republican | Yes |
Kentucky | Rand Paul | Republican | No |
Louisiana | Bill Cassidy | Republican | Yes |
Louisiana | John Kennedy | Republican | No |
Maine | Susan Collins | Republican | Yes |
Maine | Angus King | Independent | Yes |
Maryland | Benjamin L. Cardin | Democrat | Yes |
Maryland | Chris Van Hollen | Democrat | Yes |
Massachusetts | Elizabeth Warren | Democrat | Yes |
Massachusetts | Ed Markey | Democrat | Yes |
Michigan | Debbie Stabenow | Democrat | Yes |
Michigan | Gary Peters | Democrat | Yes |
Minnesota | Amy Klobuchar | Democrat | Yes |
Minnesota | Tina Smith | Democrat | Yes |
Mississippi | Roger Wicker | Republican | No |
Mississippi | Cindy Hyde-Smith | Republican | No |
Missouri | Josh Hawley | Republican | No |
Missouri | Roy Blunt | Republican | Yes |
Montana | Steve Daines | Republican | No |
Montana | Jon Tester | Democrat | Yes |
Nebraska | Deb Fischer | Republican | No |
Nebraska | Ben Sasse | Republican | No |
Nevada | Jacky Rosen | Democrat | Yes |
Nevada | Catherine Cortez Masto | Democrat | Yes |
New Hampshire | Jeanne Shaheen | Democrat | Yes |
New Hampshire | Maggie Hassan | Democrat | Yes |
New Jersey | Robert Menendez | Democrat | Yes |
New Jersey | Cory Booker | Democrat | Yes |
New Mexico | Ben Ray Luján | Democrat | Yes |
New Mexico | Martin Heinrich | Democrat | Yes |
New York | Charles E. Schumer | Democrat | Yes |
New York | Kirsten Gillibrand | Democrat | Yes |
North Carolina | Richard Burr | Republican | Yes |
North Carolina | Thom Tillis | Republican | Yes |
North Dakota | John Hoeven | Republican | No |
North Dakota | Kevin Cramer | Republican | No |
Ohio | Rob Portman | Republican | Yes |
Ohio | Sherrod Brown | Democrat | Yes |
Oklahoma | James M. Inhofe | Republican | Yes |
Oklahoma | James Lankford | Republican | Yes |
Oregon | Ron Wyden | Democrat | Yes |
Oregon | Jeff Merkley | Democrat | Yes |
Pennsylvania | Pat Toomey | Republican | No |
Pennsylvania | Robert P. Casey | Democrat | Yes |
Rhode Island | Jack Reed | Democrat | Yes |
Rhode Island | Sheldon Whitehouse | Democrat | Yes |
South Carolina | Lindsey Graham | Republican | Yes |
South Carolina | Tim Scott | Republican | No |
South Dakota | John Thune | Republican | Yes |
South Dakota | Mike Rounds | Republican | Yes |
Tennessee | Bill Hagerty | Republican | No |
Tennessee | Marsha Blackburn | Republican | No |
Texas | John Cornyn | Republican | Yes |
Texas | Ted Cruz | Republican | No |
Utah | Mitt Romney | Republican | Yes |
Utah | Mike Lee | Republican | No |
Vermont | Patrick Leahy | Democrat | Yes |
Vermont | Bernie Sanders | Independent | Yes |
Virginia | Mark R. Warner | Democrat | Yes |
Virginia | Tim Kaine | Democrat | Yes |
Washington | Maria Cantwell | Democrat | Yes |
Washington | Patty Murray | Democrat | Yes |
West Virginia | Shelley Moore Capito | Republican | Yes |
West Virginia | Joe Manchin | Democrat | Yes |
Wisconsin | Ron Johnson | Republican | Yes |
Wisconsin | Tammy Baldwin | Democrat | Yes |
Wyoming | John Barrasso | Republican | No |
Wyoming | Cynthia Lummis | Republican | No |
Senate confirmation hearing
The Senate Judiciary Committee held Garland's confirmation hearing on February 22-23, 2021.
|
|
Financial disclosures
The Office of Government Ethics released Garland's financial disclosures in January 2021. Click here to review them.
About the nominee
Garland was born in Chicago, Illinois. He graduated from Harvard College with his bachelor's degree in 1974 and Harvard Law School with his J.D. in 1977.[3]
The following is a summary of Garland's career:[3]
- 2021-Present: U.S. attorney general
- 1997-2021: Judge, United States Court of Appeals for the District of Columbia Circuit
- 2013-2020: Chief judge
- 1994-1997: Principal Associate Deputy U.S. Attorney General
"Meet Merrick Garland" – Obama White House, March 16, 2016 |
- 1993-1994: Deputy Assistant U.S. Attorney, Criminal Prosecutions Division of the United States Department of Justice
- 1992-1993: Attorney, private practice
- 1989-1992: Assistant U.S. Attorney for the District of Columbia
- 1981-1989: Attorney, private practice
- 1979-1981: Special Assistant United States Attorney General, United States Department of Justice
- 1978-1979: Law clerk for Associate Justice of the United States William J. Brennan, Jr.
- 1977-1978: Law clerk for Judge Henry Friendly in the United States Second Circuit Court of Appeals
About the confirmation process
- See also: Appointment confirmation process
The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy. Supporters and opponents of the nominee may also testify.[4]
Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably, or without recommendation. The nomination will then go to the Senate floor for consideration. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.[5]
Other Biden Cabinet nominees
The following table provides an overview of the status, confirmation hearings, and committee and Senate votes for each of Biden's Cabinet and Cabinet-rank nominees.[6]
Overview of confirmation process for Joe Biden's Cabinet nominees | |||||||
---|---|---|---|---|---|---|---|
Nominee | Position | Announced | Senate committee | Confirmation hearing | Committee vote | Senate vote | Status |
Tony Blinken | Secretary of State | November 23, 2020 | Foreign Relations | January 19, 2021 | Favorable (15-3) | 78-22 | Confirmed on January 26, 2021 |
Janet Yellen | Secretary of the Treasury | November 30, 2020 | Finance | January 19, 2021 | Favorable (26-0) | 84-15 | Confirmed on January 25, 2021 |
Lloyd Austin | Secretary of Defense | December 8, 2020 | Armed Services | January 19, 2021 | Favorable (Voice Vote) | 93-2 | Confirmed on January 22, 2021 |
Merrick Garland | Attorney General | January 7, 2021 | Judiciary | February 22-23, 2021 | Favorable (15-7) | 70-30 | Confirmed on March 10, 2021 |
Debra Haaland | Secretary of the Interior | December 17, 2020 | Energy and Natural Resources | February 23-24, 2021 | Favorable (11-9) | 51-40 | Confirmed on March 15, 2021 |
Tom Vilsack | Secretary of Agriculture | December 10, 2020 | Agriculture, Nutrition, and Forestry | February 2, 2021 | Favorable (Voice Vote) | 92-7 | Confirmed on February 23, 2021 |
Gina Raimondo | Secretary of Commerce | January 7, 2021 | Commerce, Science, and Transportation | January 26, 2021 | Favorable (21-3) | 84-15 | Confirmed on March 2, 2021 |
Marty Walsh | Secretary of Labor | January 7, 2021 | Health, Education, Labor, and Pensions | February 4, 2021 | Favorable (18-4) | 68-29 | Confirmed on March 22, 2021 |
Julie Su | Secretary of Labor | February 28, 2023 | Health, Education, Labor, and Pensions | April 20, 2023 | Favorable (11-10) | TBD | TBD |
Xavier Becerra | Secretary of Health and Human Services | December 7, 2020 | Health, Education, Labor, and Pensions / Finance |
February 23, 2021 / February 24, 2021 | No recommendation (14-14) | 50-49 | Confirmed on March 18, 2021 |
Marcia Fudge | Secretary of Housing and Urban Development | December 10, 2020 | Banking, Housing, and Urban Affairs | January 28, 2021 | Favorable (17-7) | 66-34 | Confirmed on March 10, 2021 |
Pete Buttigieg | Secretary of Transportation | December 15, 2020 | Commerce, Science, and Transportation | January 21, 2021 | Favorable (21-3) | 86-13 | Confirmed on February 2, 2021 |
Jennifer Granholm | Secretary of Energy | December 17, 2020 | Energy and Natural Resources | January 27, 2021 | Favorable (13-4) | 64-35 | Confirmed on February 25, 2021 |
Miguel Cardona | Secretary of Education | December 22, 2020 | Health, Education, Labor, and Pensions | February 3, 2021 | Favorable (17-5) | 64-33 | Confirmed on March 1, 2021 |
Denis McDonough | Secretary of Veterans Affairs | December 10, 2020 | Veterans' Affairs | January 27, 2021 | Favorable (Unanimous) | 87-7 | Confirmed on February 8, 2021 |
Alejandro Mayorkas | Secretary of Homeland Security | November 23, 2020 | Homeland Security and Governmental Affairs | January 19, 2021 | Favorable (7-4) | 56-43 | Confirmed on February 2, 2021 |
Katherine Tai | U.S. Trade Representative | December 10, 2020 | Finance | February 25, 2021 | Favorable (Voice Vote) | 98-0 | Confirmed on March 17, 2021 |
Avril Haines | Director of National Intelligence | November 23, 2020 | Intelligence (Select) | January 19, 2021 | N/A[7] | 84-10 | Confirmed on January 20, 2021 |
Linda Thomas-Greenfield | U.S. Ambassador to the United Nations | November 23, 2020 | Foreign Relations | January 27, 2021 | Favorable (18-4) | 78-20 | Confirmed on February 23, 2021 |
Cecilia Rouse | Chairwoman of the Council of Economic Advisers | November 30, 2020 | Banking, Housing, and Urban Affairs | January 28, 2021 | Favorable (24-0) | 95-4 | Confirmed on March 2, 2021 |
Neera Tanden | Director of the Office of Management and Budget | November 30, 2020 | Homeland Security and Governmental Affairs / Budget | February 9, 2021 / February 10, 2021 | N/A | N/A | Withdrawn on March 2, 2021 |
Shalanda Young | Director of the Office of Management and Budget | November 24, 2021 | Homeland Security and Governmental Affairs / Budget | February 1, 2022 / February 1, 2022 | Favorable (7-6) / Favorable (15-6) | 61-36 | Confirmed on March 15, 2022 |
Michael Regan | Administrator of the Environmental Protection Agency | December 17, 2020 | Environment and Public Works | February 3, 2021 | Favorable (14-6) | 66-34 | Confirmed on March 10, 2021 |
Isabel Guzman | Administrator of the Small Business Administration | January 7, 2021 | Small Business and Entrepreneurship | February 3, 2021 | Favorable (15-5) | 81-17 | Confirmed on March 16, 2021 |
Eric Lander | Presidential Science Advisor and Director of the Office of Science and Technology Policy | January 16, 2021 | Commerce, Science, and Transportation | April 29, 2021 | Favorable (Voice Vote) | Voice Vote | Confirmed on May 28, 2021 |
Arati Prabhakar | Presidential Science Advisor and Director of the Office of Science and Technology Policy | June 21, 2022 | Commerce, Science, and Transportation | July 20, 2022 | Favorable (15-13) | 56-40 | Confirmed on September 22, 2022 |
William J. Burns[8] | Director of the Central Intelligence Agency | January 11, 2021 | Intelligence | February 24, 2021 | Favorable (Voice Vote) | Voice Vote | Confirmed on March 18, 2021 |
Historical comparison of Cabinet confirmations
Comparison to Trump administration
The following chart compares how many days it took after the inaugurations in 2017 and 2021 for the Cabinet secretaries of Presidents Donald Trump (R) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.
Comparison to Obama administration
The following chart compares how many days it took after the inaugurations in 2009 and 2021 for the Cabinet secretaries of Presidents Barack Obama (D) and Joe Biden (D), respectively, to be confirmed. This chart includes the main 15 Cabinet positions.
See also
Footnotes
- ↑ Biden-Harris Transition, "President-elect Biden Announces Key Nominations for the Department of Justice," January 7, 2021
- ↑ 4President, "President-elect Joe Biden Announces Key Nominees for Department of Justice," January 7, 2021
- ↑ 3.0 3.1 Federal Judicial Center, "Garland, Merrick B.," accessed November 6, 2015
- ↑ CRS Report for Congress, "Senate Confirmation Process: An Overview," accessed July 24, 2013
- ↑ Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 4, 2019
- ↑ Politico reported that the director of the Central Intelligence Agency would not be part of the Cabinet in Biden's administration. For this reason, the confirmation process for William J. Burns is not included in this table.
- ↑ PBS, "Senate confirms Avril Haines as director of national intelligence," January 20, 2021
- ↑ At the time of Burns' confirmation, director of the Central Intelligence Agency was not a Cabinet-level position in the Biden administration. Biden elevated the position to Cabinet-level on July 21, 2023.
|