Hatch says Sotomayor may be an 'activist judge'

Sen. Orrin Hatch said Tuesday Supreme Court nominee Sonia Sotomayor may be an "activist judge," and that just because he voted previously to confirm her to other courts doesn't mean he will vote for her now.

Hatch, the longest-serving Republican on the Judiciary Committee, made his comments on MSNBC. Those comments were more aggressive than a written statement he had issued earlier in the day that vowed simply to ensure that Sotomayor would interpret the law and not make laws from the bench.

Hatch listed several law articles and statements that he said show Sotomayor likely believes in legislating from the bench.

That includes a YouTube video of a panel discussion at Duke University where Sotomayor says appeals courts are "where policy is made." She quickly then joked that she shouldn't say that at an event that is recorded, because judges should never say they "make the law."

Hatch said if such comments "mean what they look like they mean on the surface, it means you're going to get an activist justice on the Supreme Court."

He added, "That will not only bring Republicans great concern, but Democrats as well. Nobody wants to vote against a Supreme Court justice. Certainly, I don't. But on the other hand, we're talking about nine of the most important positions in the world that can make a difference in this society for decades to come."

When Hatch was chairman of the Judiciary Committee 11 years ago, he (and Sen. Bob Bennett, R-Utah) voted to confirm Sotomayor to the 2nd Circuit Court of Appeals — even though other Republicans held up her nomination for a year. Hatch also earlier voted to confirm her as a federal district-court judge.

But he told MSNBC that does not necessarily mean he will vote for her now.

"In 1998, I did vote to confirm her, because I believe in giving the president (Bill Clinton at the time) due deference, especially for circuit courts of appeals nominations. But now we are talking about the most important court on earth. We're talking about the court of last resort," Hatch said.

He said Republicans must look at all her court decisions while she has been on the bench to ensure she is worthy of confirmation, and he predicted that means a confirmation hearing will not be possible before September.

In his earlier written statement, Hatch said, "I will focus on determining whether Judge Sotomayor is committed to deciding cases based only on the law as made by the people and their elected representatives, not on personal feelings or politics."

Hatch added, "Qualifications for judicial service include not only experience and character but, most importantly, a proper understanding of the power and role of judges in our system of government."