Hatch for Chief Justice
It’s very likely that Bush is going to be nominate a new Chief Justice very soon. It’s also likely that he’ll get an opportunity make other nominations to the Supreme Court as well. Although I’d like to see the Democrats in the Senate filibuster these nominees–certainly, Bush will appoint people who want to reverse the Court’s greatest accomplishments of the last seventy or so years–they should also act proactively to deflect charges of partisanship.
That’s why I’d like to see Reid, Leahy, and Kennedy leak that they’d support Orrin Hatch the moment Renquist either announces his retirement or dies. It is unlikely that Bush would actually appoint Hatch–his Reagen-era ideological bent is a bit out of step with what passes for contemporary conservatism–but Democratic support for him would add an interesting dynamic to the debate. The Christian Right would vigorously oppose Hatch because of his support of abortion in cases of rape, incest, or where the health or life of the mother is in danger (the Mormon stance). A fierce battle would cause a rift between Mormons and conservative evangelicals which could pay dividends to Democratic candidates in western emerging swing states like Arizona and Nevada.
It would also buy Democrats some moral high ground by deflecting some of the charges of obstructionism that will inevitably be made once the filibustering begins (I’m assuming that the nuclear option won’t be employed). Pundits on the left could always point to the Democrats willingness to support the conservative Hatch when such charges are made.
On the off chance that Bush calls the bluff and actually appoints Hatch, we’d end up with a Chief Justice who is far more liberal than the current one and certainly more liberal than the names I’ve seen floated as possible replacements. Hatch has always portrayed himself to be being more conservative than he actually is. Indeed, many in the Christian right consider him to be a closet liberal. A past chair of the Utah Gay and Lesbian Democrats once told me that they’d always endorse him because he was very good on gay issues. With the independence that comes with a lifetime appointment, Hatch would be able to be Hatch. He might not become a Souter, but he’d certainly be closer to Souter than Renquist.
November 17th, 2004 at 3:29 pm
Tactically it might make sense, but I don’t trust him as far as I could throw him. He’s the guy who kept changing the blue-slip rules the moment the Republicans got control of the Senate, remember; why would his disrespect for rules not carry over to his respect for laws?
November 17th, 2004 at 3:29 pm
Reappoint Robert Bork and let the games begin.
November 17th, 2004 at 4:16 pm
Nominate Sen. Hatch As Chief Justice To Alienate Mormon Conservatives From Evangelicals
http://www.reachm.com/amstreet/archives/2004/11/17/hatch-for-chief-justice/…
November 17th, 2004 at 6:56 pm
Seems like a great idea to me. It’s about time for some sectarian rifts on the right. Let Dobson be pro-incest and pro-rape on this one.
November 17th, 2004 at 8:25 pm
To the evangelicals, the only competition is with the Mormons.
I mean, the rest of us aren’t even in the running.
Hatch once told a joke I liked. “Have _you_ ever tried raising money in a dry State?”
I kinda wish we could organize a review of Federal District Court Benchers, to see which Conservatives we might be able to endure.