Merrick Garland on Federalist Society
TL;DR
Merrick Garland has a history of participation in Federalist Society events prior to his current role as Attorney General.
Key Points
He spoke at the Federalist Society's 2012 National Lawyers Convention on the topic of Professional Responsibility: Prosecutorial Misconduct.
Garland served as a speaker at a 2010 event concerning the Federal Rules of Civil Procedure.
As Attorney General, he issued a memo on July 1, 2021, which revoked prior DOJ policies constraining the use of agency guidance documents.
Summary
Attorney General Merrick Garland has a documented history of participation in events hosted by the Federalist Society, including serving as a speaker on several occasions before his current cabinet role. The biographical information notes that he spoke at events spanning from 2008 to 2012 on topics such as prosecutorial misconduct, civil procedure, and public corruption. The organization explicitly states that a person's appearance on their speaker list does not imply endorsement or any other relationship between the individual and the Society, nor does it edit the biographical information provided by the speaker.
In contrast to his past participation as a speaker, Garland's tenure as Attorney General has involved an adversarial relationship with the organization's stated goals concerning administrative law. Specifically, he revoked key Trump-era Department of Justice memos—the Sessions and Brand memos—that aimed to restrict the use of agency guidance documents in enforcement actions, replacing them with a policy that makes it easier for the DOJ to issue and rely on guidance. Critics from within the reform movement view this action as a departure from previous efforts at self-restraint within the executive branch, while others who favor regulation see it as correcting overly restrictive policies.
Frequently Asked Questions
Yes, Merrick Garland has a documented history of speaking at Federalist Society events prior to becoming Attorney General. His participation included multiple appearances between 2008 and 2012 as a panelist on various legal topics.
As Attorney General, his actions on administrative guidance suggest a policy divergence from the Federalist Society's push for self-restraint in the DOJ. Specifically, he rescinded memos from the prior administration that limited the agency's use of subregulatory guidance in enforcement actions.
The blocking of Merrick Garland's Supreme Court nomination by Senate Republicans is cited by critics of the Federalist Society as an example of the organization's influence over judicial selection. The organization itself maintains it does not endorse nominees.
Sources9
Merrick B. Garland
Merrick Garland
The Third Federalist Society
How Merrick Garland Failed America
Switchbacks at the DOJ: the Sessions, Brand, and Garland Memos
Targeting the Judiciary: The Federalist Society
The Federalist Society Celebrates
State Attorneys General Write to AG Garland
Does the Federalist Society Matter?
* This is not an exhaustive list of sources.