Senator Pat Toomey met with Supreme Court nominee Merrick Garland yesterday.

Sen. Toomey called Garland “impressive” “intelligent” as well as “likable and pleasant”. Nevertheless, it appears the Senator will never vote to confirm him.

According to Burgess Everett of Politico, Toomey is worried about the judge’s views on executive power.

“We talked about concerns I have about his record and his judicial philosophy. Unfortunately, for me, throughout the process of this discussion, he did not assuage my concerns,” Toomey stated. “I’m not convinced that he would be willing to play the role of a sufficiently aggressive check on an administration.”

“We are in the midst of a very vigorous presidential election campaign right now. And the decision as to who will replace Justice Scalia is going to affect the balance on the court for perhaps a generation,” Toomey concluded. “The best decision is for the American people is to have some say in this.”

From the beginning, Toomey has been against any confirmation although now he appears to be shifting from the principle to the individual.