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Introduction

The Merrick Garland Project seeks to present Judge Garland’s record in a unique way—by curating a selection of opinions he has authored while on the D.C. Circuit, condensing them, and organizing them by subject matter. We launched on March 21, 2016 with opinions in four principal categories: constitutional law, civil rights, criminal law, and administrative law. More opinions and categories will be released in the coming days and weeks as the Project develops.

We aim not to undertake a comprehensive review of Judge Garland’s entire judicial record, but rather to take a closer look at select opinions that we believe are representative of his judicial philosophy, with an eye towards opinions that are highly cited, clarify a previously unsettled area of the law, or are written for a divided court. We wish to make Judge Garland’s record more accessible, exploring not just his votes and holdings, but his legal reasoning. In doing so, we hope to be a valuable resource to attorneys, journalists, students, and anyone else with an interest in Judge Garland’s nomination to the U.S. Supreme Court and its potential implications.

Constitutional Law
Rancho Viejo, LLC v. Norton, 323 F.3d 1062 (2003)
Saleh v. Titan Corp., 580 F.3d 1 (2009)
Wagner v. Federal Election Commission, 793 F.3d 1 (2015)
National Association of Manufacturers v. Taylor, 582 F.3d 1 (2009)
Lee v. Department of Justice, 428 F.3d 299 (2005) (Garland, J., dissenting)
Initiative and Referendum Institute v. U.S. Postal Service, 417 F.3d 1299 (2005)
Parhat v. Gates, 532 F.3d 834 (2008)
Mpoy v. Rhee, 758 F.3d 285 (2014)

Criminal Law
United States v. Brown, 334 F.3d 1161 (1998)
United States v. Webb, 255 F.3d 890 (2001)
United States v. Wilson, 240 F.3d 39 (2001) (Garland, J., dissenting)
United States v. Bras, 483 F.3d 103 (2007)
United States v. Spinner, 152 F.3d 950 (1998) (Garland, J., dissenting)
United States v. Watson, 171 F.3d 695 (1999) (Garland, J., dissenting)
United States v. Mejia, 448 F.3d 436 (2006)
Valdes v. United States, 475 F.3d 1319 (2007) (Garland, J., dissenting)
United States v. Caso, 723 F.3d 215 (2013)

Civil Rights
Payne v. Salazar, 619 F.3d 56 (2010)
Malik v. District of Columbia, 574 F.3d 781 (2009)
Akinseye v. District of Columbia, 339 F.3d 970 (2003) (Garland, J., dissenting)
United States ex rel. Yesudian v. Howard University, 153 F.3d 731 (1998)
Feemster v. BSA Limited Partnership, 548 F.3d 1063 (2008)
Miller v. Clinton, 687 F.3d 1332 (2012)
Daskalea v. District of Columbia, 227 F.3d 433 (2000)
Sparrow v. United Air Lines, Inc., 216 F.3d 1111 (2000)

Administrative Law
American Corn Growers Association v. EPA, 291 F.3d 1 (2002) (Garland, J., concurring)
Financial Planning Association v. SEC, 482 F.3d 481 (2007) (Garland, J., dissenting)
FedEx Home Delivery v. N.L.R.B., 563 F.3d 492 (2009) (Garland, J., dissenting)
Alpharma, Inc. v. Leavitt, 460 F.3d 1 (2006)
PSEG Energy Resources & Trade LLC v. Federal Energy Regulatory Commission, 665 F.3d 203 (2011)
Arizona v. Thompson, 281 F.3d 248 (2002)
Bianca Telephone Company v. Federal Communications Commission, 743 F.3d 860 (2014)
Lacson v. DHS, 726 F.3d 170 (2013)