John Sarbanes: “And that is what we heard on Merrick Garland. In fact, when he first came up here, he was nominated for the 12th…”

“And that is what we heard on Merrick Garland. In fact, when he first came up here, he was nominated for the 12th position on the D.C. circuit. They said, ``We don't need that position. We have nothing against Merrick. He is a wonderful fellow, of course. We just don't think we need that 12th position.'' Of course, that does a lot for Merrick Garland. He's sitting, waiting to join the court. Then someone already on the court took senior status, and then they had two vacant positions, the 11th and 12th. Merrick Garland is nominated. He's now up for the 11th position; not the 12th position, the 11th position. The majority is right back here on the floor and it says, ``We don't need this position.'' This is the 11th position. They never made that argument last year when he was going for the 12th position. Then they said we need the 11th, we don't need the 12th. Now they are back, some, today--fortunately, they did not prevail--saying we do not need either the 11th or the 12th position.”