Hatch, a former Judiciary Committee chairman, says the president likely will nominate a "decent conservative."

"And that's a given," Hatch said. "And if that person is a person of intelligence, integrity, good health and hard work and the person has a commitment to upholding the law and interpreting the Constitution in a fair manner, then that would be the best you can do."

Bush said he plans to nominate a justice soon and hopes to have that person confirmed before the court reconvenes in October.

"The nation deserves, and I will select, a Supreme Court justice that Americans can be proud of," Bush said.

But a battle looms, with Democrats fearing the nominee will be too far to the right. A filibuster could be used to kill or stall the confirmation process.

Hatch says he hopes that's not the case, even in a climate he says is more partisan than he has ever seen.

"I don't think the American people are going to put up with a filibuster," Hatch said, adding every Supreme Court nominee deserves an up-or-down vote in the Senate.

Hatch says he has not yet talked to the White House about potential nominees, calling that too "presumptuous," but he is confident the president will seek the counsel of Senate leaders on both sides of the aisle, along with all members of the Judiciary Committee.

Bush talked to the committee's chairman and its ranking Democrat on Friday morning and had left a message for Senate Minority Leader Harry Reid of Nevada.

While the president should and will talk to leaders of the opposing party, Sen. Bob Bennett, R-Utah, said it is the chief executive who has the authority to nominate a justice. It's "not set up for a co-nomination process," Bennett said.

He says the only certainty will be that the nominee will be under 60 years of age, possibly someone much younger.

"I won't get into specifics on [whether the pool of prospective nominees should include] women, Hispanics, African Americans, Caucasians, or Native Americans," Bennett said. Asked whether that nominee should be a conservative, Bennett bristled.

"I'm one who regrets the idea that there are such [labels]," he said.

"The court should be less ideological and more concerned with the Constitution. . . . I would hope he would find someone very bright with a firm understanding of the Consti- tution."

Tired of what he terms "legislating from the bench," Bennett added, that the nominee shouldn't be an activist.

"This is the Supreme Court; this is not the Supreme Legislature."

tburr@sltrib.com