The comment came in the context of a Tweetstorm Jordan launched when he claimed Democrats are taking control of the Senate in exchange for thwarting the president. His attack on Garland had been cut from the final debate between Trump and Clinton during the presidential campaign.
“Nothing is more important than your First Amendment rights,” Jordan began.
“When does Garland’s Article 1 vs Obama and the PC law of the land start to overlap with the First Amendment rights of conservatives?”
Jordan went on to lambaste the president for nominating Garland, a judge on the District of Columbia Circuit, as the successor to Antonin Scalia, who resigned as a Supreme Court justice in February 2016. Before the Senate confirmed Garland, Garland was a black conservative judge with a reputation for being moderate, who was leading a respected and fast-paced court. But at the time of his confirmation, news stories claimed that he had established a close relationship with former Justice Department official Eric Holder, a close Obama friend and former campaign adviser, who recommended him for the post in exchange for a job at the Justice Department, despite knowing Garland would be a moderate.
Since his nomination, Garland has been repeatedly criticized by Democrats and conservative legal commentators for his ties to the Obama administration. Conservative activists claimed that it was politics over expertise when Garland repeatedly declined to consider judicial appointments by Obama, but he has also taken votes in favor of some conservative legal policies, such as expanding the power of federal prosecutors to seek enhanced sentences for drug crimes and approving GPS tracking devices for police without a warrant.
Even though Trump promised during the campaign to appoint a conservative to fill the vacancy, Garland has continued to be labeled a “rubber stamp” for the president by Democrats. This statement ignores Garland’s record on the court and likely ignores its challenges over the last year.