President Biden’s pick to lead the Justice Department, Merrick Garland, said Sen. Ben Sasse’s questions concerning the Constitution during his confirmation hearing were “really tough.”
“Is congressional inaction a legitimate basis for Article 2 to decide it just must act because it wishes policy were different and legislation doesn’t move? Therefore, you have a pen and a phone. Can you just act because Congress didn’t?” Sasse asked Garland on Monday.
“You’re asking really tough questions of our basic constitutional structure,” Garland responded, who has served as the chief judge of the United States Court of Appeals for the District of Columbia Circuit.