If Joe Biden picks Merrick Garland to be his attorney general, he could cost his party control of one of the most important judicial appointments in America — and many Democrats do not want the president-elect to take that chance.
How it works: Biden still hasn’t named his choice to lead the Justice Department, and if he taps Garland, it would open up his seat on the D.C. Circuit Court of Appeals. If Democrats don’t win both Georgia Senate runoff seats next month, Majority Leader Mitch McConnell would almost surely prevent the president-elect from filling it.
If Democrats do manage to get a 50-50 Senate, Republicans would still have a lot of leverage — and this would be a seat worth fighting over. The D.C. court is considered second only to the Supreme Court in national importance.