I have written this commentary for the Los Angeles Daily Journal (reprinted with permission). It begins:

Would a U.S. Supreme Court Justice Merrick Garland be the crucial fifth vote to overturn the Supreme Court’s controversial 2010 decision in Citizens United, the case which led the way to
Super PACs and a bigger role for the wealthy in politics? Would he strongly protect voting rights?

My view of Judge Garland’s record as a judge on the United States Court of Appeals for the D.C. Circuit is that he would be moderately liberal on many election law issues. The big question, however, is how far he would be willing to go in overturning or greatly extending precedent. On that, the jury is still out.