Washington » President Barack Obama assured Sen. Orrin Hatch on Monday that he would pick a "pragmatist, not a radical" to replace retiring Supreme Court Justice David Souter, Hatch's office said.
Obama's phone call to the Utah Republican, while customary, shows Hatch's key role as the Senate ramps up for a possibly dicey confirmation duel.
Hatch may not be the ranking GOP member on the Democrat-controlled Judiciary Committee, but his tenure there -- the longest of any member -- allows him to play the sage to fellow Republicans and to wax historically about previous picks.
"He's very savvy; he's been around on that committee a long time," says Carl Tobias, a professor at the University of Richmond's law school. "People on both sides of the aisle certainly respect his judgment. He enjoys a cordial relationship with the members. All of that together means he could have quite a bit of influence."
Hatch -- already warning about Obama tapping a liberal, activist justice -- served as either cheerleader or critic to previous nominees. And the 32-year senator claims credit for suggesting Justices Ruth Bader Ginsburg and Stephen Breyer to then-President Bill Clinton.
Hatch's office said Monday that the senator urged Obama to forgo "choosing a judicial activist" for the upcoming vacancy on the high court.
"He advised the president to choose a nominee who is more in step with mainstream America and would uphold the rule of law," Hatch's office said. "The president assured Hatch that this was his intention, that he would appoint a pragmatist, not a radical, to this important position."
The White House didn't confirm what Hatch quoted the president as saying, issuing a statement simply saying that the president was following through on promises to work with both parties on the nomination process.
"He vowed to consult regularly with senators in both parties to ensure an orderly confirmation process that will allow Justice Souter's replacement to be confirmed by the beginning of the court's next session," the White House said about the calls to Hatch and Arlen Specter, the Pennsylvania senator who last week switched to the Democratic Party.
Such phone calls are formalities that hold no real significance, says Jonathan Turley, a professor of law at The George Washington University.
Still, Turley says, it's unclear how much attention Obama will pay to input from Republicans. President George W. Bush sought Democrats' counsel on picking now-Chief Justice John Roberts and Justice Samuel Alito, two conservatives on the court.
"While the Bush White House consulted with Democrats, ultimately, their views didn't carry much weight in the selection of Roberts or Alito," Turley said. "Moreover, this has been a long, cold winter for Democrats, since the last Supreme Court pick. Democrats are not going to be particularly in the mood for compromise after Bush put on the court two hard-right nominees."
For his part, Hatch said in a recent speech to the conservative Federalist Society that there are clear guidelines for choosing and confirming a nominee.
"For the president, those principles require nominees with a restrained judicial philosophy," Hatch said. "For the Senate, they require deference to a president's qualified nominees."
