Merrick Garland, denied Supreme Court spot, on court set to consider Trump subpoena appeal 

President TrumpDonald John TrumpTrump watching 'very closely' as Portland braces for dueling protests WaPo calls Trump admin 'another threat' to endangered species Are Democrats turning Trump-like? MORE’s appeal of a subpoena from House Democrats to turn over his financial records will be heard by a court where snubbed Supreme Court pick Merrick GarlandMerrick Brian GarlandLaw professor: Court-packing should be 'last resort' Here's how senators can overcome their hyperpartisanship with judicial nominees McConnell campaign criticized for tombstone with challenger's name MORE is the chief judge.

Garland serves as the chief judge on the D.C. Circuit Court of Appeals. Trump’s lawyers are asking that court to review a federal judge’s order allowing the House Oversight and Reform Committee’s subpoena to move forward.

Garland’s Supreme Court nomination by former President Obama in 2016 became a lightning rod for controversy when the Republican-controlled Senate, led by Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellAre Democrats turning Trump-like? House Democrat calls for gun control: Cities can ban plastic straws but 'we can't ban assault weapons?' Churches are arming and training congregants in response to mass shootings: report MORE (R-Ky.), refused to hold a hearing on his nomination until after the 2016 presidential election.

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When Trump won the presidency, he appointed Neil Gorsuch to the Supreme Court seat vacated by Associate Justice Antonin Scalia following Scalia's death.

Garland ultimately ended up remaining on the D.C. Circuit Court of Appeals.

Appeals are heard by panels with three judges, so there is no guarantee Garland will hear the case regarding Trump’s financial records.

Committee Chairman Elijah CummingsElijah Eugene CummingsDemocrats slam alleged politicization of Trump State Department after IG report Senior Trump officials accused of harassing, retaliating against career State Dept. employees Overnight Health Care: Planned Parenthood to leave federal family planning program absent court action | Democrats demand Trump withdraw rule on transgender health | Cummings, Sanders investigate three drug companies for 'obstructing' probe MORE (D-Md.) issued the subpoena earlier this year after Democrats took control of the House. He is seeking Trump's financial records to be turned over from accounting firm Mazars.