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Judge Andrew Napolitano said on Fox Business Network that Merrick Garland is about to become a political "pinata" as Republicans fight President Obama's Supreme Court choice.

Garland, 63, Chief Judge of the United States Court of Appeals in D.C., was nominated this morning to replace the late Antonin Scalia on the high court.

"Judge Garland is the most conservative nominee to the Supreme Court by a Democratic president in the modern era," said Napolitano, adding that he's "more Scalia than anti-Scalia."

Napolitano said Senate Majority Leader Mitch McConnell is betting that the next president will be a Republican, not Hillary Clinton or Bernie Sanders. 

If a Democrat does win in November, a liberal judge like Elena Kagan or Sonia Sotomayor will be put forward.

"Merrick Garland is a decent, brilliant human being and judge. He's going to be beaten up like a pinata and go nowhere. He's basically taking one for the team."

Watch the judge's take above from "Varney & Co." and see more of his analysis, here.

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