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Hatch: Obama Using 'Code' for Activist Judge
May 03, 2009 11:24 AM
Republican Sen. Orrin Hatch of Utah, the longest serving Republican on the Senate Judiciary Committee, said on "This Week" Sunday that President Barack Obama used "code" for an activist judge this week when describing his ideal nominee to replace retiring Justice David Souter.
"It's a matter of great concern, if he's saying that he wants to pick people who will take sides. He's also said that a judge has to be a person of empathy -- what does that mean? Usually that's a code word for an activist judge," Hatch told me on "This Week."
"But he also said that, that, he's going to select judges on the basis of their personal politics, their personal feelings, their personal preferences," Hatch said, "Now, you know those are all code words for an activist judge who's going to be partisan on the bench."
Obama this week said he was looking for a person of intelligence, excellence, integrity, and empathy.
"I will seek someone who understands that justice isn't about some abstract legal theory, or footnote in a case book. It is also about how our laws affect the daily realities of people's lives, whether they can make a living, care for their families, whether they feel safe in their homes, and welcome in their own nation," Obama said Friday, in a clip that aired on 'This Week."
But Hatch argued Obama shouldn't have a "litmus test" when selecting a judge.
"We all know he's going to pick a more liberal justice. Their side will make sure that it's a pro-abortion justice. I don't think anybody has any illusions about that. The question is, are they qualified?" Hatch said.
Democratic Sen. Patrick Leahy of Vermont said he has spoken to the president about his potential pick and rejected Hatch's argument that Obama is using "code" words.
"I've known President Obama long enough. He doesn't need to use code words. He speaks very plainly and very directly. I think that's why he won such a resounding victory in November," Leahy said on "This Week."
"What I would argue is you walk into the Supreme Court, over the doorway there is a great big piece of Vermont marble, and engraved on it, it says "equal justice under law." That's what you want to have. We've had a very activist court. We had an activist court that made a decision that allowed employers to covertly discriminate against women so that women wouldn't get paid equally. We in the Congress reversed that with a law, in fact, the first law that President Obama signed into law. I think he wants to have somebody to treat people all the same, whether they're Republicans, or Democrat, men, women, or whatever they may be," Leahy said.
"I think he has some very -- some people that he would like to see -- the type of people he'd like to see. Remember, he was a constitutional law professor," Leahy said.
Leahy said he expects Obama's nominee for the Supreme Court to be on the bench in time for the court's new term in October.
When I asked whether Obama's pick should be a woman, Leahy said, " I would like to see certainly more women on the court. Having only one woman on the Supreme Court does not reflect the makeup of the United States. I think we should have more women. We should have more minorities. I would like to see more people from outside the judicial monastery, somebody who has had some real-life experience."
One conservative group has begun mobilizing against some rumored Obama picks, arguing appeals court judges Sonia Sotomayor of New York and Diane Wood of Chicago, and the new solicitor general, Elena Kagan are radicals.
"I don't think they're radicals," Hatch told me, "but there's no question that they are on the far left of the spectrum. And to be honest with you, I don't expect the president to pick somebody in the center or on the far right. But, you know, it would be a slam dunk if he picked somebody who was center-left like Souter. Souter became very liberal, but he also stood for a lot of principles."
With Sen. Arlen Specter of Pennsylvania now a Democratic, I asked who would be leading the Republicans on the Senate Judiciary Committee.
Hatch suggested it could be Republicans Sens. Chuck Grassley of Iowa, John Kyl of Arizona, or Jeff Sessions of Alabama.
"I suspect that Grassley has first choice to become the ranking member on Judiciary," Hatch said.
"Grassley has first choice. Then Kyl if Grassley stays on Finance. And if Kyl stays in leadership, then Jeff Sessions. So any of those three could wind up being --" Hatch said.
"Are you expecting then Senator Sessions to be the ranking member?" I asked.
"Well, I don't know. I know that he and Senator Grassley are trying to work out something, and we'll just have to see what happens. But I suspect any of those three will be just fine," he said.
--George Stephanopoulos
May 3, 2009 in This Week with George Stephanopoulos | Permalink | Share | User Comments (156)
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I think many people supported Obama because of the balance of the court. We have had enough of the limus test, Dobson approved justices.
We need a court that embodies the principles of the Federlist Papers and who understands the impact of their decisions upon people.
Hatch is using code that they GOP fanatical base is not happy!
Posted by: scott jeffries | May 3, 2009 11:51:29 AM
The basic problem with Socialism is eventually you'll run out of other people's money. That's where we are headed, intentional or not.
Posted by: LongT | May 3, 2009 11:52:58 AM
There is "old" Orrin Hatch again...why don't these "do nothing politicans" retire with my "socialist" paid retirement checks that are huge for nothing other than "being a seat holder" with the "good old boys?"
Posted by: tychisum | May 3, 2009 11:56:53 AM
The GOP has just one goal, and that is to prevent President Obama from doing anything helpful to our country. The GOP is now the "party of no", the party of sore losers, and the party of lost radicals with only fanatics and wackos leading the pack.
Posted by: James B. | May 3, 2009 12:00:26 PM
welcome in their own nation," Obama said Friday, in a clip that aired on 'This Week." ...What does he mean by this ?
Posted by: Pcc | May 3, 2009 12:20:21 PM
The Republican party is dying a slow painful death..to that I say good riddance party of voodoo economics and unjustified wars.
Posted by: Stanley | May 3, 2009 12:23:24 PM
Doesn't matter if Hatch is Republican or not. You do not want a judge on the bench that doesn't follow the rule of law. We are in big trouble if we have judges that say, "yes, I know the law says this but I really feel like Ms. Ledbetter should get X, Y, or Z." That is a judge acting on personal feelings. Don't be deceived in this instance because this is a good for you judge. The law may mandate a 1 year sentence for a crime and Obama judges that don't have to follow law could sentence you based on their "personal feelings"! Read, "The Road to Serfdom" and be afraid. Very afraid.
Posted by: Ted | May 3, 2009 12:29:02 PM
Code? ...These people are literally insane! After once being a registered Republican, and now an independent, these people actually frighten me with their hysterics.
Posted by: FS | May 3, 2009 12:31:03 PM
Too much reading between the lines is a sign of a tendency towards paranoid thinking. All Obama is saying is that the law is to serve the people; not the other way around. The case at hand is about real people in conflict seeking justice; not just an opportunity for the next move in a legal chess game.
Posted by: Blaine | May 3, 2009 12:34:22 PM
Sen. Hatch needs to get over himself, Republicans have so stacked the Court to the Extreme Right that it will take decades to undo the damage they have done. President obama needs to appoint a left of center Justice to at least maintain the current imbalance that exists, and not let it drift even further right.
Hey Republicans, we had an election in November and you got spanked along with your agenda being rejected. Enough of the right Wing Activist Judges, time for a sea change back to the left side.
Posted by: Dave The Cynic | May 3, 2009 12:36:06 PM
If Senator Hatch wants to nominate a justice then he should run for President. Talk about wanting to have his cake and eat it. They force through partisan jurists when in charge but, whoa, wait a minute, can't do that now that we're not in charge. Bush even nominated Harriet Miers, just because she was his pal.
My guess is that Obama will give more thought to this than he is given credit. Everybody knew this was coming and he'll probably get to name Ginsburg's and Breyer's successors as well. Do you really think he is going to replace a left-leaning jurist with a conservative? The only fight will come when Kennedy steps down.
Posted by: MIguy | May 3, 2009 12:44:21 PM
It is so funny when a Republican uses "code words" like "Activist Judge", especially one of our great Republican leaders. Remember, the most "Activist Court" of the last 100 years lead the charge against institutionally guaranteed racism.
Posted by: Dale C | May 3, 2009 12:46:30 PM
Americans don’t have the mentality to see the real picture so let me decipher it for you! Thanks Senator Hatch but some people don’t need nor want your insight…..
Posted by: rickyt1234 | May 3, 2009 12:58:13 PM
Obama this week said he was looking for a person of intelligence, excellence, integrity, and empathy.
Well, we need an Asian-American in the court.
Posted by: Ki Kwon | May 3, 2009 1:04:46 PM
"Obama this week said he was looking for a person of intelligence, excellence, integrity, and empathy."
pcc, what is so scary about this if I might ask? Sounds like what anyone would want in a jurist. Not some Right Wing Corporatist Hyper Religious Nut Case like Scalia or Alito.
Posted by: Dave The Cynic | May 3, 2009 1:12:40 PM
Scalia, Alito, Roberts & Thomas are activist judges, and no one accuses them of being empathetic, with regular people any way. All four empathize with corporations, cops & government interests though I guess.
Posted by: Jeff | May 3, 2009 1:17:31 PM
LMao I wonder how supportive you left wing koskiddies are going to be when your "AVERAGE" family of four will have to pay an extra $3600 a year for cap and trade..Not to mention the massive tax increases that are just around the corner....not to mention inflation.. i WILL BE LAUGHING MY ASS OFF WHEN YOU START CRYING OVER THIS.
GEORGIE, the weekly meeting going ok over at the watergate?
Posted by: How am I doing now Comrades | May 3, 2009 1:20:01 PM
Reading this report there were two points of view, presented very clearly. Hatch at his very best is moderate, he supported the Presidents "borrow money from kids not yet born plan" to make it easier for those of us here now. But he did present his point, Leahy presented his and yet the left foams at the mouth with bloodshot eyes and green vomit at the mere thought that someone else has a different opinion. Tolerant? Hardly.
And DKR,that so many are so eager to spend someone elses money, even those unborn, yet call someone else selfish baffles me. It seems to me that those who will print and borrow money for their own comfort, whether it be free housing , school etc is every bit as greedy as the bankers and politicians that led us to the point we are at today.
Posted by: david | May 3, 2009 1:21:27 PM
David might I remind you the Banking Bailout began under the Bush administration? Not to mention the largest expansion in government, government debt, deficit spending in thehistory of the Country. And much of this while Republicans were in the Majority in the Congress? Spare me your current angst over deficit spending, when it was Republicans that spent us into the position we are now where the government nearly hasn't the resources to pull us out of the economic tail spin the Republicans left us with.
Posted by: Dave The Cynic | May 3, 2009 1:30:14 PM
>God you Obama followers are scary people...Is there anything that Obama does or says that you don't agree with...
Of course there is... and when that happens we will raise our voices very loudly. It just hasn't happened yet. We, (intelligent people) realize that our President has not been in office long enough to fairly evaluate his performance. However, we like what we see so far. We feel that he is sincere in working for the betterment of our country and its people ...unlike you and your ilk who have been whining since November 4th. Just remember my dear one, you were the people who actually insulted the American people by putting that uninformed, stupid woman (I apologize ladies--IDIOT!) on the national ticket to lead our country. NOW!!! THAT'S WHAT'S SCARY!
Posted by: FS | May 3, 2009 1:32:16 PM
Senator Hatch and the rest of the defeated and increasingly meaningless Republicans need to realize the President Obama AND the Democrats won. The country is stuck with the neo-con justices like Scalia, Thomas, and Alito. It is time to present a liberal/progressive person of intelligence to balance the court and try to counter the big money, right-wing justice that ruled under Bush. It was unfortunate that it wasn't one of the neo-con justices so that the true rule of law could start to be regained after the mess the Repub appointees have made.
Posted by: afmcalax | May 3, 2009 1:32:21 PM
What have the repubs done when appointing someone for the bench. They pick the most conservative idiot they can find. SO why should a Dem pres not be able to pick someone with skills, experience and a liberal attitude. Oh yeh, repubs can do whatever they want, break the law, and the dems have to do what the repubs want. I am really beginning to hate republicans.
Posted by: Krisd | May 3, 2009 1:33:21 PM
'Code' for Activist now if that not some of the most, silly willy stuff I ever heard for grown men of power to say about a sitting President. Next someone might say President Obama is sending secret codes to sleeper cells! Just like they were saying V.P. Chaney was sending secret codes to the most secret underground organization,in this country. Hmmm! They need to get a life.
Posted by: Pedro Dixon | May 3, 2009 1:33:36 PM
The government officials should not make laws or make decisions based on religion, personal beliefs or opinions. I believe the president will make a good decision on a supreme court justice. The republicans are the moral majority which means religion and that is one religion. Religion, personal beliefs, nor persoanl opinion belong in politics or law. America has always been and is a nation of many faiths, nationalities, cultures, and races. Liberty and justice for all not just us.
Posted by: Melody | May 3, 2009 1:45:07 PM
Intelligence, excellence, integrity, and empathy. I can see how you would read that as code words meaning liberal. If he wanted a conservative he should have used four entirely different words.
Posted by: Mallory | May 3, 2009 2:05:19 PM
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