⚖️ Merrick Garland is the new AG, and he may be tough on tech

Remember Merrick Garland? The judge denied even a hearing after his nomination for the Supreme Court by Barack Obama. 

After gaining bipartisan support, it’s very likely he will become the top prosecutor in the land as Attorney General. 

And it’s very possible Garland will be a difficult, but fair, sparring partner for Big Tech. 

• Garland knows a thing or two about antitrust law: He used to teach it at Harvard and has written extensively about the subject in legal journals. As a judge, he has made a few decisions on antitrust cases, although he did not author any of the opinions. 

• He talked about antitrust law during a confirmation hearing this week: He told Sen. Amy Klobuchar he would vigorously enforce antitrust law and called it his “first love in law school.” “The Supreme Court has repeatedly referred to antitrust law as the charter of American economic liberty, Garland said, “and I deeply believe that.”

Even more attention to Big Tech

It’s very likely antitrust investigations will continue under Garland and the federal government. Senators have proposed bipartisan legislation that would increase FTC funding, and Klobuchar has introduced a bill that would expand the scope of antitrust investigations beyond the litmus test of whether consumers are paying too much.  

The Verdict

Garland’s appointment is not official yet, but it seems highly likely. Sen. Mitch McConnell has even said he would vote to confirm him.