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

President TrumpDonald John TrumpTrump says he will 'temporarily hold off' on declaring Mexican drug cartels as terror organization House Judiciary Committee formally receives impeachment report Artist behind gold toilet offered to Trump sells banana duct-taped to a wall for 0,000 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 GarlandAppeals court clears way for Congress to seek Trump financial records Divisive docket to test Supreme Court ahead of 2020 Majority disapprove of Trump Supreme Court nominations, says poll 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 McConnellOvernight Energy: Pelosi vows bold action to counter 'existential' climate threat | Trump jokes new light bulbs don't make him look as good | 'Forever chemicals' measure pulled from defense bill Overnight Health Care — Presented by Johnson & Johnson – House progressives may try to block vote on Pelosi drug bill | McConnell, Grassley at odds over Trump-backed drug pricing bill | Lawmakers close to deal on surprise medical bills GOP senators request interview with former DNC contractor to probe possible Ukraine ties MORE (R-Ky.), refused to hold a hearing on his nomination until after the 2016 presidential election.

ADVERTISEMENT

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 CummingsImpeachment can't wait Adam Schiff's star rises with impeachment hearings Tucker Carlson calls Trump 'full-blown BS artist' in segment defending him from media coverage 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.