From Deseret News archives:

Heard the rumor? Hatch is going to be the next . . .

Ashcroft resignation fuels speculation about post

Published: Thursday, Nov. 11, 2004 9:34 a.m. MST
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"When you talk about judges who would change the right of a woman to choose, overturn Roe v. Wade, I think that is unlikely," Specter was quoted as saying.

Conservatives interpreted that as a warning to Bush not to nominate pro-choice judges. And they are furious that the next gatekeeper over the judicial confirmation process might impose an abortion litmus test on judges.

Pressure is mounting on Senate leadership to dump Specter, who has served on the Judiciary Committee for 24 years and says he has "been training for this job a long time."

Washington Post columnist Robert Novak reported that Senate Majority Leader Bill Frist "is considering asking the full Republican Conference to waive term limits for Hatch" and that he "may let Hatch keep his chairmanship temporarily to handle any immediate Supreme Court vacancy."

But if Frist pressures the committee to dump Specter, it would go against a time-honored tradition of seniority that is a hallmark of Senate chairmanships.

It could happen — there are certainly no rules that prevent it from happening — but don't count on it, said one longtime Senate staffer, who added, "there is always deference to seniority. Always."

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While it is typically based on seniority, the actual process for deciding who will be Judiciary Committee chairman is actually a behind-the-scenes affair.

The Republican Conference meets at a retreat this weekend to decide who will serve on what committees. There is constant jockeying by senators wanting to get on certain committees that will help their home state or further personal ambitions. And new senators are given their committee assignments based on what's left over after the senior members choose.

Two freshman conservatives are attorneys and could find themselves assigned to the coveted Judiciary Committee.

It is expected that 11 Republicans and nine Democrats will be named to the Judiciary Committee. The 11 Republicans assigned to the Judiciary Committee will actually vote on who will be the next chairman.

There is no requirement that they vote for the most senior majority member of the committee, only tradition. And with a little pressure here and persuasion there, they could vote someone other than Specter into the chairmanship.

Specter, meanwhile, is trying desperately to salvage his chairmanship, pointing out that he voted for every one of Bush's judicial nominees. He also pledged to support the president's nominees by assuring quick committee votes.

"I was not warning the president of anything," he told CNN on Monday. "It was misreported."

Specter, the only pro-choice Republican on the Judiciary Committee, said he was only stating a reality that Republicans don't have the votes to stop Democrats from filibustering judicial nominees.

Hatch, meanwhile, had earlier said he is content to relinquish his chairmanship, that he has lots of things he wants to do that he hasn't had time for because of his chairman duties.

"I was effective passing legislation before I was chairman and I will continue to work hard and will be effective after I am no longer chairman," he previously told the Deseret Morning News. "I understand ins and outs and nooks and crannies. I understand the personalities here."


E-mail: spang@desnews.com

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