What a difference 5 years (and a Democratic president) makes when it comes to Supreme Court nominees. Orrin Hatch today:
“Sen. Orrin Hatch (R-Utah) announced Friday that he will vote against the confirmation of Elena Kagan to the Supreme Court.
The Utah Republican voted to confirm Kagan as solicitor general, but suggested in a statement that she would put her personal views ahead of the law if confirmed to the court.
“The law must control the judge; the judge must not control the law,” Hatch said. “I have concluded that, based on evidence rather than blind faith, General Kagan regrettably does not meet this standard and that, therefore, I cannot support her appointment.”
But “blind faith” was good enough in 2005. Sen. Hatch on May 4, 2005, the day after President Bush nominated Harriet Miers:
“One of the Senate’s senior conservatives, Republican Orrin Hatch, offered unconditional support Tuesday to Supreme Court nominee Harriet Miers… Hatch said he already has decided to support her confirmation. “I don’t need any more. I know her really well. And I intend to support her,” he told reporters.”
“Sen. Orrin Hatch (R-Utah) told reporters he would stake his reputation that “she [Miers] is going to basically do what the president [Bush] thinks she should.”
Just try and imagine the reaction from Hatch, his fellow Republicans in the Senate, the Fox News talking heads, and the talk-radio blowhards, if a Democratic senator said he or she was supporting Kagan because she would do ‘what President Obama thinks she should.’
More Hatch from today:
“Hatch cited Kagan’s lack of judicial experience and noted that other nominees who have never been judges had spent more time than Kagan in private practice.”
“…on ABC’s Top Line, Sen. Orrin Hatch (R-UT) said, “Some said, ‘Well she [Miers] is not a sitting judge.’ Well I don’t think that’s a disqualification. Some of the greatest justices in history never sat in a court room.”
Do you think Hatch is talking about Earl Warren? Probably not, Warren was one of them no good, rabble rousing, joodishul activists. Like Thurgood Marshall.