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In 1988-89, Harmer worked as counsel to a subcommittee of the U.S. Senate Judiciary Committee; he was appointed by Senator Orrin Hatch.
Rangel's nomination ran into trouble, because as a member of an American Bar Association screening board in the 1980s and early 1990s, Rangel had been critical of some Republicans, including of President Reagan's 1986 ultimately unsuccessful nomination to the federal bench of Jeff Sessions, who later became a senator and member of the very U.S. Senate Judiciary Committee reviewing Rangel's nomination.
Considered a judicial moderate, Garland told senators during his U.S. Senate Judiciary Committee hearing in 1995 that the U.S. Supreme Court justice for whom he had the greatest admiration was Chief Justice John Marshall, and that he had personal affection for the justice for whom he clerked, Justice William Brennan.
However, Clinton feared a difficult confirmation battle—particularly given publicly stated opposition to Edelman's nomination by U.S. Senate Judiciary Committee member Orrin Hatch—and he backed off, later successfully nominating Merrick Garland to the seat.