Democrats draw from Hatch book

WASHINGTON — Democrats who demand that President Bush consult with them before making any Supreme Court nominations are quoting an unusual source to bolster their arguments: Sen. Orrin Hatch's new book, "Square Peg."

Sen. Patrick Leahy, D-Vt., ranking Democrat on the Senate Judiciary Committee, wrote to Bush and quoted extensively from the book about how former President Bill Clinton consulted with Hatch and Republicans on Supreme Court nominations.

"In his book, Sen. Hatch recounts that he warned President Clinton away from a nominee (former Interior Secretary Bruce Babbitt) whose confirmation he believed 'would not be easy,' " Leahy wrote.

He added that Hatch wrote that while he told Clinton he might prevail in the end with Babbitt, "he should consider whether he wanted a tough, political battle over his first appointment to the court."

Leahy then recounted how Hatch says he suggested that Clinton nominate Stephen Breyer or Ruth Bader Ginsburg — who were more moderate than Babbitt — to the court instead. Clinton later nominated both when openings occurred, and they were confirmed relatively easily.

Leahy urged Bush to follow the example of Clinton's consulting with Hatch.

"Thorough bipartisan consultation on the wide range of highly qualified candidates eligible for such a post not only would make your choice a better one, it would also reassure the Senate and the American people that the process of selecting a Supreme Court justice has not been politicized," Leahy wrote.

Margarita Tapia, Hatch's spokeswoman, said the senator's "proven record" of treating Clinton's judicial nominees fairly is the reason Clinton discussed Supreme Court nominees with Hatch.

"The comments in the book reflect that relationship," she said.

Hatch, chairman of the Senate Judiciary Committee, is in the middle of numerous bitter fights with Leahy over judicial nominations. Democrats, for the first time, are filibustering not only one but two appeals court nominees — Miguel Estrada and Patricia Owen, who are seen as pro-life on abortion.

Democrats have also threatened to filibuster up to another five pending conservative nominees. Hatch has said Democrats are doing that to send a message that they will wage bloody battles if Bush nominates a true conservative to the Supreme Court.

Leahy wrote his letter now because Supreme Court justices often announce their retirement in June, at the end of the year's term. Several Republicans on the court are elderly, and resigning now would allow a Republican to appoint a replacement. Conservatives generally hold a tight 5-4 majority on the court.

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