Specter boosts Hatch for future court vacancy

The Hill ^ | 6/24/03 | Goeff Earle and Sarita Chourey

[LdSentinal]

As President Bush ponders how to fill a potential vacancy on the Supreme Court, Sen. Arlen Specter (R-Pa.) thinks he need look no further than the Senate.

Specter is touting Senate Judiciary Committee Chairman Orrin Hatch (R-Utah) as someone whose close personal ties with his colleagues might help him clear the chamber.

"I think Hatch is one of the few people that can be confirmed without a bitter fight," Specter said. "I think he's shown a lot of balance. He's pro-life, but he had the courage to stand up for stem cell research. He's got a good record on civil rights."

But the suggestion, while intriguing to some, also would carry a host of complications, not the least of which include Hatch's statements indicating coolness to the job.

As for Hatch, there is one obvious flaw to nominating him. At 69 years old, he cannot be expected to fill a lifetime appointment as long as someone a generation younger.

But Specter said Hatch's age could be an asset. "He's old enough so that he won't serve 40 years on the court like Clarence Thomas will. He lowers the tenure." That might give Democrats more comfort in voting for him.

And his nomination, if confirmed, would slim the GOP's narrow Senate majority until Utah's Republican governor could appoint a successor.

But Hatch brushed off the possibility on C-SPAN when a caller raised the suggestion. He said it would be an "honor" but said the president was considering a handful of people for the job.

Meanwhile, most other Senate Republicans are advising the White House to reject Democratic pleas to vet any Supreme Court nominees with the minority.

Senate Minority Leader Tom Daschle (D-S.D.), among others, wrote Bush last week urging him to consult with Democrats before making a nomination. There has been speculation that retirements on the court could create a vacancy as early as this summer.

"I am not aware that any president has formally consulted with the Senate for a nomination," said Senate Republican Conference Chairman Rick Santorum (Pa.). "I wouldn't start here, and I certainly wouldn't start with the people from the other side of the aisle."

"I don't think the president is going to consult with me on a Supreme Court nominee," said Sen. Trent Lott (R-Miss.). "Why should he consult with Daschle?"

"Consultation, to Democrats, means accepting their views," Hatch said. He said that if Democrats had cooperated with Bush "instead of smearing people" who were nominated for lower court judgeships, they would have more bargaining power.

But Specter advised the president to take Daschle's request seriously. "I think the White House ought to respond in the affirmative," he said. "Daschle is right about some things . . . Even a stopped clock is right twice a day."

Specter referred to his background as a district attorney: "I never arrested a guy without calling him up and asking him to explain himself." Similarly, he said, the president might learn something valuable about a nominee that could either help or hurt the nomination by consulting with Democrats.

Sen. John McCain (R-Ariz.) said the White House should seek a consensus candidate, adding, "It's always a good thing to do . . . I think there should always be consultation."

A potential pitfall would be the caustic relations that Hatch has sometimes had with Democrats on the Judiciary Committee, particularly ranking member Sen. Patrick Leahy (D-Vt.), who has clashed with him over presidential nominations.

But Leahy, asked Hatch could get confirmed, responded, "Sure." Asked if he would vote for Hatch, Leahy replied, "Sure." Hatch also has a close relationship with Sen. Edward Kennedy (D-Mass.), with whom he has worked on Judiciary.

As the third most senior Republican on Judiciary (after Sen. Chuck Grassley [R-Iowa], Finance Committee chairman), Specter would take over the committee if Hatch left the Senate.

There already are signs that the administration is laying out the strategy for an upcoming floor fight. Rather than vetting its nominee with Daschle, the White House could ignore Democratic leaders while picking off the requisite number of centrist Democrats.

Sen. Ben Nelson (D-Neb.) said he has talked to White House staff about how a Supreme Court vacancy should be handled. "I've made my desires clear to them," he said. "I would hope that they would look for somebody that would not be controversial . . . I don't think we need to be tied up in knots."

Nelson, who said he appointed half the judges in Nebraska while serving as governor, said he spent 45 minutes with Circuit Court nominee Miguel Estrada before deciding that Estrada was qualified to serve. Democrats are filibustering the nomination.

Nelson did, however, caution that Estrada might encounter difficulty if he were nominated for a Supreme Court vacancy. "I think it's a little harder to support somebody that's not been a judge," he said. Estrada worked in the solicitor general's office.

Sen. Zell Miller (D-Ga.), who along with Nelson, backed the president's tax cut, said he doesn't think the White House needs to nominate a consensus candidate or even consult the Senate.

[AuH2ORepublican]

"We ought to be finding minimum-age (what is the minimum age for a SC appointment ? 35 ?) young Conservatives to keep, or rather MAKE, the court that way clear into the mid-century."

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There is no minimum age for Supreme Court Justices---they don't even have to be lawyers. But because of the experience one would need to be able to do a good job, I wouldn't nominate anyone younger than 35 or 40. I agree with you 100% that Bush shouldn't name someone older than 50---although unfortunately that would eliminate Judge Brown from California.

[Sonny M]

If he'd promise to keep acting like this I'd want him back as ML.

I'm not so sure, he's acting like he's not going to run again, or if he does, he doesn't care. I think not being majority leader has let him take the gloves off, and be a true conservative again, and he doesn't care anymore who knows it.

[bmwcyle]

I only like waffles for breakfast not as court appointees.

[patriciaruth]

Actually I think you do Justice O'Connor a diservice by doubting she would tell the truth, and also underestimate her immense intelligence and prodigious work habits by doubting this statement of hers that she reads 1200 pages a day.

I'm sure she knows how to speed read.

[Coop]

Guess I'm doing her a disservice then. I don't buy it.