Utah justice hopeful 'outside the box'
McConnell can't 'be pegged as an ideologue,' Hatch says
But McConnell's conservative credentials tell only part of his story.
He "cannot be pegged as an ideologue," says Sen. Orrin Hatch, R-Utah. "McConnell's views defy political pigeon-holing. . . . He calls it as he sees it and he is beholden to no one and to no group."
"I am not an activist," McConnell said, when facing Senate confirmation for his appeals court seat.
He was endorsed by hundreds of his fellow law school deans and professors, including prominent liberals like Harvard Law School professor Laurence Tribe and Yale's Akhil Amar.
The Senate, which was then in Democratic hands, approved his nomination by acclamation. McConnell "thinks outside the box," said Sen. Charles Schumer, D-N.Y., approvingly.
Which raises a provocative question: At a time when U.S. politics is so polarized and dogmatic, is McConnell's independent thinking an asset or a drawback to his nomination?
McConnell lives in Salt Lake City with his wife, Mary, and three children and holds court here and in Denver, where the 10th Circuit Court is based.
Hatch along with Ralph Neas, a former colleague of McConnell's at the University of Chicago who now heads People for the American Way say they have been told by administration officials that the judge is on the White House list of potential Supreme Court nominees. He has been placed near the top of the list by The New York Times, Washington Post and other national news organizations.
But many left-wing groups oppose McConnell. And among some militant conservatives, "there is a suggestion he will be too independent," said Georgetown University Law professor Mark Tushnet.
Indeed, an examination of McConnell's record leads some conservative activists to fear that he could be "the next David Souter," the Supreme Court justice who was appointed by the first President Bush but often joins more liberal justices in their decisions.
"Judge McConnell is every bit as hostile to conservative legal principles as Souter turned out to be," wrote lawyer Andy Schlafly on the conservative Web site WorldNetDaily.
Conservative at heart
As the Supreme Court ends its term this week, the nation's capital is focused on Chief Justice William Rehnquist, who has cancer and, after more than three decades on the court, may retire.
Comments
- Carlos becomes hurricane off Baja 6:54 p.m.
- Cheney-CIA counterterrorism talk 6:53 p.m.
- Peirsol breaks WR in 200 back 6:51 p.m.
- Logan canal breaks; 3 to 4 missing 6:37 p.m.
- 'Mates: Millsap deserves big payday 5:22 p.m.
- Millsap offer: $10.3M up front 4:59 p.m.
- Questions about osteoarthritis 4:43 p.m.
- 'Love advocates' plan 'kiss-in' 3:46 p.m.
- Many-splendored container garden 3:29 p.m.
- California's $26B deficit 3:25 p.m.
- Jazz brass debate Millsap match
- LDS seminary principal arrested
- 2 men cited on LDS plaza
- Jazz finances not quite so bleak
- Logan canal breaks; 3 to 4 missing
- Utahns among Texans' investors
- Reactions on Boozer speculation
- Millsap offer: $10.3M up front
- Cash for Clunkers to get rolling soon
- HBO defends U. logo use in 'Love'
- LDS seminary principal arrested
331 - Jazz brass debate Millsap match
192 - 2 men cited on LDS plaza
164 - Jazz talking Boozer trade?
141 - Bronco collecting a galaxy of recruits
141 - Blazers may offer Millsap a contract
124 - Stadium of Fire flag burning was fake
101 - Fairness of BCS debated
83 - Letters: Single-payer system best
76 - Services bids farewell to Jackson
70
By now you've probably read about the investigation that showed just how...
Here's BYU's press release on Jonathan Tavernari's big game for the...
let Milsap go, I relize he may be one of 4 people on the team with heart, get...
To "I Smell California," who brilliantly made the following comment a few...
dollar contract and he is getting 10 million this year than he will only be...
The Jazz already have a couple of other PFs they can use: Okur is really a...
Wasn't Joseph Smith's "inspired translation" enough? Will someone please...
I had Bro Pratt as a seminary teacher only two years ago. He is the most...
We do need to see the evidence as it comes out in the Legal system. If...
We want this stuff. The media aren't making money without our permission,...
I don't want homosexuals exposing themselves in front of my children. The...
What some of you don't understand is that if GM had filed bankruptcy without...



You can be the first to comment on this story.