Senator Praises Court's Restraint

In remarks at the Kennedy School of Government's ARCO Forum last night, Sen. Orrin Hatch (R-Utah) praised the Supreme Court for what he described as a non-activist stance in recent decisions.

Speaking to a capacity crowd at yesterday's event, which was co-sponsored by the Harvard Institute of Politics and the Harvard Republican Club, Hatch stressed the need for judicial restraint in the nation's highest court.

"Judges shouldn't act as super-legislators in black robes," Hatch said. "It is inappropriate to see the Court as another legislative body."

Hatch said that though the current Supreme Court is perceived as a highly conservative body, a long list of recent 5-4 decisions touching on controversial issues ranging from abortion to pornography proves otherwise.

He argued that such decisions have steered towards a centrist position, and have at times disappointed conservative groups. This tendency, Hatch said, proves that "the Rehnquist Court is not a consistently conservative one."

Instead, Hatch said, it has appropriately avoided judicial activism favoring any particular ideology.

Hatch acknowledged that some might disagree with his claim that the Supreme Court is politically neutral, but added that "it wouldn't be the first time liberal academics have disagreed with Orrin Hatch," drawing laughter from the audience.

After concluding his remarks, Hatch fielded questions from the audience for 25 minutes.

Two questioners raised the issue of the Supreme Court's controversial intervention in the legal battle surrounding the Florida recount and asked whether the Court's actions really were non-partisan, to which Hatch responded by declaring that such intervention is supported by the electoral process.

Referring to the Court's 7-2 decision that the recount violated the requirements of due process and equal protection, Hatch said he was "surprised the Supreme Court didn't slap down nine to zip" the arguments of Gore's legal team.

Another questioner cited speculation that President George W. Bush will nominate Hatch to the Supreme Court and asked whether Hatch would accept such a nomination. "I think if I wanted to be on the Supreme Court, Reagan would have put me there," Hatch said. "But if you are called, you have to serve."

In addition to discussing the recent actions of the Supreme Court, Hatch emphasized the need for bipartisanship in the judicial nomination and confirmation process.

He cited his own experiences an example, saying that it was he who suggested current Justices Stephen Bryer and Ruth Bader Ginsburg-considered among the Court's most liberal members--to former President Bill Clinton as potential Supreme Court nominees.

Hatch also discussed the recent Napster ruling and asserted the importance of intellectual property rights, referring to his own accomplishments as a song-writer, jokingly saying that his religious music is "the best there is."

Former Governor of Tennessee Lamar Alexander also attended the forum.

After concluding his remarks, Hatch stayed at the Kennedy School to greet students and answer questions.