67°F
weather icon Mostly Cloudy

Supreme Court nominee dissented in Yucca Mountain licensing case

WASHINGTON – Nevadans have a reason to know Supreme Court nominee Merrick Garland’s name beyond the highly charged U.S. Senate debate over whether his nomination should get a hearing, much less a confirmation vote.

As chief judge of the U.S. Circuit Court of Appeals for the District of Columbia, Garland in 2013 was on the losing side of a 2-1 ruling that ordered the Nuclear Regulatory Commission to resume licensing for the once-proposed high-level nuclear waste disposal site at Yucca Mountain.

Garland used his dissent to say the ruling by the majority likely would be “a useless thing,” citing the limited amount of money available to the commission.

“No one disputes that $11 million is wholly insufficient to complete the processing of the application,” Garland wrote, noting an earlier commission budget contained $99 million to move forward for one year.

“In short, given the limited funds that remain available, issuing a writ of mandamus amounts to little more than ordering the commission to spend part of those funds unpacking its boxes, and the remainder packing them up again.”

Senate Democratic leader Harry Reid of Nevada recalled those words Thursday when asked about Garland’s role in the 2013 ruling.

“He issued a brilliant dissent,” said Reid, who has played a huge role in killing the Yucca Mountain project and believes it will remain dead. “He disagreed with the two judges who were wrong.”

Judges Brett Kavanaugh, an appointee of President George W. Bush, and A. Raymond Randolph, an appointee of President George H.W. Bush, ruled the commission was wrong when it halted license hearings for the proposed nuclear waste repository and joined in issuing a writ of mandamus ordering the agency to follow the current law.

Garland, who was appointed by President Bill Clinton, said he viewed their order as a “drastic and extraordinary remedy reserved for really extraordinary cases,” adding that the commission’s actions did not amount to such a case.

As he did in 2013, Reid dismissed the court ruling’s importance, believing the project cannot be revived. Others in Congress believe differently.

“It was just a courageous thing for him to do,” he said of Garland’s dissent.

Reid made his comments after meeting with Garland in his Senate office, a years-old tradition for Supreme Court nominees during the confirmation process.

Senate Majority Leader Mitch McConnell of Kentucky and other Republican leaders have said they will not meet with Garland as part of their strategy to block his nomination until after the elections. They want the next president to fill the Supreme Court vacancy created by the death of Justice Antonin Scalia.

When asked why Garland would agree to have his name put forward by President Barack Obama in the politically polarized atmosphere in the Senate, Reid, who also is an attorney, told reporters being nominated to serve on the nation’s highest court would be the culmination of any lawyer’s career.

“If I were in his shoes, I’d be willing to take all the brickbats and pieces of fruit thrown at him,” Reid said. “I just think it was a great honor for him to be selected.”

Contact Jim Myers at jmyers@reviewjournal.com or 202-783-1760. Find @myers_dc on Twitter.

Don't miss the big stories. Like us on Facebook.
Crime Videos
CCSD police on the arrest of Deamonte Warren - VIDEO
CCSD police arrested Chaparral High School custodian Deamonte Warren on Friday on three counts of a school employee having sex with a student and an additional count of providing alcohol to a minor. (Courtesy CCSD Police)
Woman charged with sex trafficking an 11-year-old girl on the Strip (Michael Quine)
Gigi Mitchell faces seven felony charges including sex trafficking and child abuse for bringing an 11-year-old girl to the Las Vegas Strip to work as a prostitute.
Bel Air Drive Officer Involved Shooting Presser - Video
LVMPD Assistant Sheriff Tim Kelly goes over the officer-involved shooting on Bel Air Drive.
Former Las Vegas police officer get 25 life sentences for sexually abusing child
Former Las Vegas Police officer Bret Theil was sentences to 25 consecutive life sentences at the Regional Justice Center Wednesday, May 15, 2019, for sexually abusing a child over a decade. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Man pushed off bus in Las Vegas - VIDEO
Las Vegas police arrested 25-year-old Cadesha Bishop on May 6, after she allegedly pushed Serge Fournier, 74, off of a parked bus near Fremont Street and 13th Street about 4:50 p.m. March 21.(Las Vegas Metropolitan Police Department)
$1 million bail set for mother charged with drowning 2-year-old daughter
The 44-year-old mother who police say drowned her 2-year-old daughter in a bathtub in a northeast Las Vegas apartment on Saturday made her first court appearance on Tuesday, May 14th.
Officer arrested on suspicion of lewdness with a child appears in court
Matthew James Terry, a Las Vegas police officer arrested on suspicion of lewdness with a child, appears in court Monday morning, May 13, 2019. (Michael Quine/Las Vegas Review-Journal)
Police seek hit-and-run driver
A motorcycle officer pulled over a Mercedes SUV, and after the officer came to a stop, it shifted into reverse, intentionally hitting the officer.
Thedrick Andres becomes Henderson Police Department acting chief
Henderson Police Department Acting Chief Thedrick Andres speaks about his goals in his new position at the Henderson Police headquarters, Monday, April 29, 2019. (Caroline Brehman/Las Vegas Review-Journal)
2 dead, 1 wounded after east valley neighborhood shooting
One man and one woman are dead and another man wounded after a shooting Thursday afternoon in an east valley neighborhood.
Bail denied for former police detective charged with murder
Bail was denied Tuesday for former Metropolitan Police Department detective, Pamela Rene Bordeaux who is accused of fatally shooting her daughter’s ex-husband during supervised visitation with his child.
Third suspect in death of California doctor appears in court
The third and final suspect in the killing of a California doctor, Jon Kennison, 27, appears in court Friday, April 19, 2019. Kennison, Kelsey Nichole Turner, a former model, and Diana Pena, face charges of murder and conspiracy to commit murder. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Richard Cleaves of Pahrump arrested in burglary on former Binion property
Updated press release regarding burglary on a former Binion property: Richard Cleaves, 56 of Pahrump, has been arrested on a warrant for burglary, conspiracy to commit grand larceny, and destruction of property. (Nye County Sheriff's Office)
Judge denies bail for suspect charged in the killing of California doctor
Diana Pena, one of three people charged in the killing of a California doctor, is being held without bail after her fingerprints were found on the car where Dr. Thomas Burchard's body was discovered.
Ex-NFL player and girlfriend held without bail in child’s death
Former professional football player Cierre Wood and his girlfriend, Amy Taylor, face charges of murder and child abuse in the death of Taylor's 5-year-old daughter. (Michael Quine/Las Vegas Review-Journal)
NHP identifies man who was shot by trooper on Mount Charleston
Nevada Highway Patrol updates the media on the April 2, 2019 officer involved shooting on Mount Charleston. (Michael Quine/Las Vegas Review-Journal)
Las Vegas court grants '90 Day Fiancé' defendant continuance
"90 Day Fiance" stars Colt Johnson and his mother Debra left the Las Vegas Justice Center Thursday, after the court granted Larissa dos Santos Lima a continuance in her misdemeanor case, in which she is accused of domestic violence against Colt. (Mat Luschek / Review-Journal)
Details released on in-custody death
Assistant Sheriff Charles Hank addresses media about details of an in-custody death at Clark County Detention Center on March 31. (Rachel Aston/Las Vegas Review-Journal)
Man hurt in shooting with Nevada troopers at Mount Charleston
A man was injured in a shooting involving Nevada Highway Patrol troopers Tuesday afternoon at Mount Charleston on state Route 157 near Echo Trail. (Michael Quine/Las Vegas Review-Journal)
Officer wounds inmate during escape attempt
An officer fired on an inmate who stole a vehicle and tried to flee, ramming several cars and leading officers on a chase until he ran out of gas.
Man fatally shot during a 'beer skip'
A store clerk is being questioned after a man was fatally shot during a robbery at a gas station Friday. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Las Vegas police give details on fatal shooting
Metro homicide Lt. Ray Spencer gives a briefing on a fatal shooting near downtown Las Vegas that occurred on March 27, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
Las Vegas community pays tribute to boy killed by car
The community joined friends and family at Wilbur & Theresa Faiss Park, Wednesday evening, to remember the boy who was struck and killed by a car crossing South Fort Apache Road from Faiss Park, near West Maule Avenue, on Monday. (Mat Luschek / Review-Journal)
Person of Interest Found For Downtown Las Vegas Bar - Video
Las Vegas Metropolitan Police Department is seeking help to find a person of interest in a potential homicide case at a bar in downtown Las Vegas.
Metro briefs media on OIS near downtown Las Vegas
Police address media about officer-involved shooting that started on Maryland and Vegas Valley, and concluded downtown, near the Golden Nugget.
Update on OIS at Vegas Valley and Maryland
The incident began at the Steinberg Diagnostic Medical parking lot and ended downtown.
Amy And Spencer Powell Recount Hit And Run
Amy Powell and her son Spencer recount the day Spencer was hit by a truck while riding his bike. (Mat Luschek / Review-Journal)
Jeremy Burch of Tonopah arrested in Amarillo, TX
Jeremy Burch of Tonopah was arrested in Amarillo, TX on a Nye County warrant for open murder, burglary, obtaining money under false pretense, use of credit card w/o owner consent, and destruction of evidence. (Nye County Sheriff's Office/Facebook)
Metro Presser For OIS 6 (Full)
Metro police address the officer involved shooting that took place on March 19, 2019.
Metro Presser For OIS 6
Metro police address the officer involved shooting that took place on March 19, 2019.
Domestic disturbance call ends in suicide
A man died by suicide after police tried negotiating with him outside of his ex-girlfriend’s home on March 13. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
20-year-old armed robbery suspect shot by Las Vegas police
A 20-year-old armed robbery suspect shot by a Las Vegas officer on Saturday night is also accused of burglarizing a Boys & Girls Club minutes before the shooting.
Commercial Robbery On 3000 Block Of North Las Vegas Blvd - VIDEO
On February 19th, 2019, at approximately 10:23 am, a robbery occurred to a business located on the 3000 block of North Las Vegas Boulevard. The pictured suspect entered the business, approached the counter and pointed a firearm at the victim demanding money. The victim complied and the suspect fled with an undisclosed amount of money. No injuries were reported.
THE LATEST