I contacted my Senator, Orrin Hatch regarding the Senator's intention to sandbag on the selection of a new Supreme Court Justice. Here's his pathetic response:
Our nation has lost a brilliant jurist and incredible human being with the passing of Supreme Court Associate Justice Antonin Scalia. He championed our Constitution by tirelessly working to ensure that the Court fulfilled its proper role as interpreter rather than legislator.
Yeah, right. Scalia was probably the most activist Judge on the Court.
The occasion for a two-term “lame-duck” president to fill a Supreme Court vacancy during a presidential election year is virtually unprecedented with the closest comparable situation occurring nearly 130 years ago.
Here's another doozy. Anthony Kennedy was nominated by Reagan in the last year of his lame duck presidency. And Kennedy was confirmed by both Republicans and Democrats.
Thank you for writing to share your thoughts regarding the United States Supreme Court. I appreciate hearing from you, and I welcome the opportunity to respond.
Our nation has lost a brilliant jurist and incredible human being with the passing of Supreme Court Associate Justice Antonin Scalia. He championed our Constitution by tirelessly working to ensure that the Court fulfilled its proper role as interpreter rather than legislator. He advocated construing laws as they were written and believed the Constitution should be interpreted as it was understood when it was ratified. Justice Scalia wrote opinions that articulated and applied important principles and helped reshape the way that we understand the law.
As you know, the President and the Senate exercise separate and independent roles in the appointment process. For example, the Constitution gives the President the power to appoint certain public officials with the “advice and consent” of the Senate. The Constitution does not, however, dictate how the Senate carries out its role. It does not, for example, obligate the Senate to hold a hearing or vote on every nomination. The occasion for a two-term “lame-duck” president to fill a Supreme Court vacancy during a presidential election year is virtually unprecedented with the closest comparable situation occurring nearly 130 years ago. The American people recently elected a new Senate majority, and we have the responsibility to determine the best way—under the current circumstances—to fulfill our role in the appointment process.
President Obama recently announced his intention to nominate someone to fill the vacancy created by Justice Scalia’s death. While I believe that President Obama should nominate someone whose approach to the law resembles Justice Scalia’s, the President has for years been appointing some of the most liberal and activist judges I can remember. In addition, the presidential election process has already begun, and filling this vacancy is rapidly becoming part of a contentious presidential election cycle. I agree with Majority Leader Mitch McConnell that the American people can express their view through the upcoming election in November so that the next President can nominate someone to this vacancy.
When the Senate does consider a nominee for the Supreme Court, I will apply the same standard I have used for many years to evaluate nominees of both political parties. My responsibility as a Senator is to determine, on the basis of the entire record, whether nominees are qualified and suitable for the positions to which they have been nominated.
Thank you, again, for contacting me with your comments. If you would like to have regular updates on my work in the U.S. Senate, I encourage you to subscribe to my E-newsletter, visit my Facebook page, and follow me on Twitter.
Your Senator,
Orrin G. Hatch
United States Senator
Our nation has lost a brilliant jurist and incredible human being with the passing of Supreme Court Associate Justice Antonin Scalia. He championed our Constitution by tirelessly working to ensure that the Court fulfilled its proper role as interpreter rather than legislator.
Yeah, right. Scalia was probably the most activist Judge on the Court.
The occasion for a two-term “lame-duck” president to fill a Supreme Court vacancy during a presidential election year is virtually unprecedented with the closest comparable situation occurring nearly 130 years ago.
Here's another doozy. Anthony Kennedy was nominated by Reagan in the last year of his lame duck presidency. And Kennedy was confirmed by both Republicans and Democrats.