Orrin Hatch for U.S. Senate

Orrin's Blog

Senator Hatch recently wrote an essay for Harvard Journal of Law & Public Policy about the role of the Constitution in judicial nominations and confirmations.

Below are a few excerpts:

Nonetheless, the timing of this Essay is auspicious in several respects. First, I write in the wake of two very relevant Federalist Society student symposia, last year's about the people and the courts and this year's about the separation of powers. Second, President Obama has been particularly clear from the time he was a candidate about his intention to appoint judges who will exercise a strikingly political version of judicial power. Third, he has already started acting on that intention by making his first judicial nominations. New Presidents typically make their first judicial nominations in July or even August, yet the Senate Judiciary Committee has already held a hearing on the President's first nominee to the U.S. Court of Appeals, and the President sent two more nominees to the Senate just a few days ago.

The timing of publication of Senator Hatch's essay was bolstered by the news last week that Supreme Court Justice David Souter planned to retire this summer.

Continuing, Senator Hatch explains the role of the Constitution in judicial nominations:

Consider a judicial nomination as a hiring process based on a job description. The job description of a judge is to interpret and apply law to decide cases. This job description does not mean whatever a President, political party, or Senate majority wants it to mean. Our written Constitution and its separation of powers set the judicial job description. Interpreting written law must be different than making written law. Because law written in statutes or the Constitution is not simply words, but really the meaning of the words, only those with authority to make law may determine what the words of our laws say and what those words mean. Judges do not have authority to make law, so they do not have authority to choose what the words of our laws say or what they mean. In other words, judges apply the law to decide cases, but they may not make the law they apply. Judges and the law they use to decide cases are two different things. Judging, therefore, is about a process that legitimates results, a process by which the law made by the people and those they elect determines winners and losers.

The Constitution and its separation of powers compel this judicial job description. This kind of judge is consistent with limited government and the ordered liberty it makes possible. Justice Markman's article describes what he calls a "traditional jurisprudence -- one that views the responsibility of the courts to say what the law 'is' rather than what it 'ought' to be." Such a philosophy of judicial restraint -- an understanding of the limited power and role of judges -- is a qualification for judicial service. This is the kind of judge a President should nominate.

Read the entire essay on Scribd.


Role Of The Supreme Court

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With today's news that Supreme Court Justice David Souter plans to retire at the end of the court's session this summer, Senator Hatch discusses the role of the Supreme Court on Fox News:

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Hatch On ABC News' This Week

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Senator Hatch will be on ABC News' This Week with George Stephanopoulos this Sunday to discuss the impending vacancy on the Supreme Court:

On the show this Sunday: Chair of the Judiciary Committee, Sen. Patrick Leahy, D-Vt., and the Committee's longest serving Republican, Sen. Orrin Hatch, R-Ut. With the news that Justice David Souter plans to resign at the end of this term, we'll debate the future of the courts, how the Obama administration will handle this additional challenge, and who is likely to fill Souter's seat.

This Week is broadcast on KTVX, ABC 4 in Salt Lake City at 9:30 am. Additional local listings can be found here.


Senator Hatch introduced legislation today to put the brakes to the runaway growth in government spending -- 22% in just two years.

The Limitation on Government Spending Act of 2009 would limit government spending to 20% of GDP (Gross Domestic Product -- essentially the size of the U.S. economy).

 Senator Hatch discusses the bill:

At a time when Utahns and Americans are tightening their wallets, this budget grows the size of government, excluding nondefense-related spending in just two years by 22 percent.

Many Americans, as demonstrated last week through TEA parties, are asking if this government spending will ever stop. After trillions for bailouts and other government spending, this budget makes no hard choices to reform runaway spending.

...

It is time that we restrict government spending. It will cause us to make some tough decisions about what is really important. One thing is certain, we cannot continue down the path we are headed. We owe it to our children and grandchildren to change course and get back on the path to fiscal sanity.

Read more of Senator Hatch's speech.

Orrin PAC has more on the ongoing impact of President Obama's spending plan on deficits and national debt.

Updated: Watch this video of Senator Hatch introducing the Limitation on Government Spending Act.


Hatch Votes Against Obama Health Care Pick

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Senator Hatch voted against President Obama's Cabinet nominee for the department of Health and Human Services in a Finance committee vote on Tuesday. Senator Hatch voted against Kansas Gov. Kathleen Sebelius nomination after learning that Sebelius omitted key facts regarding her connection to late-term abortion doctor George Tiller.

The Associated Press reports:

Sen. Orrin Hatch, R-Utah, said Monday that Sebelius initially "seemed to be a qualified candidate for the job."

"However, after learning about her inexplicable omission of donations from the late-term abortion doctor George Tiller, I have to reevaluate my support for her nomination," said Hatch.

The Salt Lake Tribune also reported:

Sen. Orrin Hatch cast his first vote against a nominee for President Barack Obama's Cabinet, saying that the pick for Health and Human Services omitted telling the Senate Finance Committee about campaign donations from an abortion doctor.

Republican Hatch previously backed other nominees despite critics from his own party who said unpaid taxes or related missteps should have disqualified them. Hatch said the president should get his choices for his administration unless they're unqualified or unethical.

Tuesday, Hatch said HHS nominee Kathleen Sebelius should have disclosed all donations by George Tiller, an abortion doctor under investigation by the medical board in her home state of Kansas. The complaint under review involves allegations he performed late-term abortions without getting the independent second opinions required by state law. A Wichita jury last month acquitted Tiller of 19 misdemeanors stemming from similar allegations.

Sebelius responded to Senate Finance Committee questions that Tiller had given her $12,450 but then revised that to add another $23,000 after an Associated Press report pointed out her political action committee had received funds as well.

Hatch, a pro-life Republican, said he was "disappointed" and voted with seven other GOP senators against her in committee.

Senator Hatch commented further:

Although Governor Sebelius initially seemed to be the right person for the job based on her long record of public service, unfortunately, I had to reevaluate my support for her nomination after learning about her inexplicable omission of donations from the late-term abortion doctor George Tiller.

My service in Congress has always been based on the conviction that life is sacred. When I served as the Chairman of the Senate Judiciary Committee, I shepherded legislation to ban partial birth abortion through the Senate. Getting that bill signed into law was one of my proudest legislative accomplishments. My strong beliefs in the sanctity of life simply made it impossible for me to support Governor Sebelius' nomination.

Reforming our nation's health care system to provide every American access to quality and affordable health care is one of my top priorities. Governor Sebelius will play a key role in reforming our health care system. Although we do not agree on some very important issues, I am confident that we will be able to work together to ensure quality health care for every American family.


Over at the Orrin PAC Blog, they take a look at an Associated Press article detailing the Obama administration's efforts to rescind a regulation used to help root out financial corruption in unions.

Here's what the AP reported:

The Labor Department moved ... to rescind a regulation approved during President George W. Bush's last days in office that would have increased scrutiny of union finances to help root out financial corruption. ... The agency said it considered the comments of numerous labor organizations that claimed the new rule was overly burdensome ... [this is] the latest in a series of pro-labor actions taken since President Barack Obama took office.

Senator Hatch commented on the Obama administration's actions:

It is extremely disappointing that the Obama administration is choosing a time of financial crisis to cut investigations into financial corruption solely because it may reside in their own political constituency. In a time when the president himself said we need more accountability and transparency in government, canceling rules to help root out corruption is not the way to go.

Americans want the administration to eliminate all fraud, not just that which is politically expedient. I urge the Department of Labor to use, instead of stow away, all the tools at its disposal to reduce financial corruption in unions.


Every April 15th reminds us of the necessity of raising revenue to operate our government. Most will agree that taxes are the price we pay for a civilized society. It is not that we have to pay taxes that brings you all here today, but rather the fact that we have to pay so much. Simply put, the Federal government should spend less so that we are not taxed so much. However, under the proposed budget of President Obama and the Democratic Majority in Congress, we are moving in the wrong direction.

Erwin Griswold, former solicitor general under Presidents Johnson and Nixon, once said, "We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. At least, as one man said, there's one advantage about death; it doesn't get worse every time Congress meets."

Unfortunately, the proposed Obama budget would lead to taxes getting worse. In fact, they would get much worse, and not just for the so-called "well-off and well-connected," as the budget refers to those who are targeted for explicit tax increases.

Rather than cut taxes for 95 percent of Americans, as the President promised, the budget includes a number of tax increases that would directly and indirectly hit lower and middle income wage earners, as well as the so-called wealthy. I refer to them as tax hikes on America's industrial output and energy, tax hikes on America's job creation, and tax hikes on America's competitiveness.

The first proposal is designed to deal with climate change, and would effectively place as much as $1.9 trillion in new taxes on energy and industrial companies throughout America. These businesses would have to either pass these gargantuan costs on to their customers and employees, or go out of business. The taxes would show up in the form of higher utility and other energy bills, higher costs for consumer goods, lost jobs, and a lower standard of living for everyone.

The second proposal would undermine the already-weak stimulus bill enacted in February by increasing taxes that would stifle job creation. It would do this by raising taxes on capital gains, dividends, and the top individual rates, where most small business income is taxed. Small businesses create about 70 percent of all jobs. The nearly 200,000 small businesses in Utah, and millions more across the U.S., cannot generate substantial job growth if they face big tax increases.

The third way the Obama budget assaults job creation is by attacking America's competitiveness in the global economy.

Beyond strengthening job growth through small businesses, we must also create an environment that encourages companies to invest in the United States and also to expand worldwide to meet growing opportunities. According to last year's listings of the world's largest companies, the so-called Global 500, only eight of the top 25 corporations in the world were headquartered in the United States. Forty years ago, almost all of the top 25 were American firms.

Our system of worldwide taxation, coupled with one of the highest corporate tax rates in the world, is enough to cause any firm to think twice about locating or keeping its worldwide headquarters and jobs here. And this is before the changes included in the Obama budget, which would make the business landscape far less friendly.

Taxes are already too high, and we need to find a way to lower them and to lower our irresponsible federal spending. Instead, the new Obama Administration and its supporters in Congress are choosing this time of severe recession to announce more spending and higher taxes.

The spending in this budget is so massive that independent estimates suggest roughly 250,000 new federal bureaucrats may be needed to spend it all.

Washington should do what millions of Utahns and other Americans are doing to weather the financial storm -- find ways to cut and make do with less. By cutting wasteful spending, eliminating ineffective government programs, and dealing with our long-term entitlement crisis, we can put our fiscal house in order without raising taxes.

I join in your outrage in the direction our country is headed. I am fighting in Washington to stop tax increases and to find ways to reduce growth in spending. That is why I filed an amendment to the budget on the Senate floor that would limit government spending to 20 percent of Gross Domestic Product, which has been the historical average. Given today's out-of-control spending in Washington, we are seeing this historical average of 20 percent being abandoned for 29 percent on the way to 39 percent. Continued spending and tax increases to support it will lead America down the same dead-end road that many European nations have gone down -- leading to the Europeanization of America.

I plan to introduce legislation that would install a cap of 20 percent of GDP on all future spending, and I call on all Utahns, and other Americans who love their Country, to support this effort. Lower spending should lead to lower taxes and I am convinced a hard cap on spending may be the only answer that Washington politicians understand. We need to instill fiscal constraints to ensure a responsible budget.

I appreciate your willingness to show your strong feelings on this vital issue and wish you well as you continue your efforts to secure the future for our children and grandchildren.

Sincerely,

Orrin G. Hatch
United States Senator


Senator Hatch was on Don Imus' radio show yesterday, where he discussed President Obama's budget, cap-and-tax plan and the Employee "No" Choice Act.

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"The Democrat budget promises to not raise taxes on 95% of Americans, but, then, it indirectly raises the cost of living by taxing gas, businesses and jobs."


Amazed By America

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Politico has a short feature today on Senator Hatch's love of music and his work on a patriotic CD called "Amazed By America":

Sen. Orrin Hatch (R-Utah) is a known music lover. He writes. He sings. He has CDs even. He even told Shenan that he wrote Ted Kennedy two songs for his birthday this year. What can we say, the man lives for music.

And it seems to be a hobby he wants to pass along to his colleagues in the House. Or, at least, give them the opportunity to listen to his kind of songs. Last week, we hear, all House'ers received this C.D. in the mail -- Steve Amerson "Amazed by America"-- with a note, and we're paraphrasing, that said "Dear Colleague" please enjoy this CD. Just in time for recess, too.

And, wouldn't you know, Hatch is also on the CD with a few songs himself: "Amazed by America," "Blades of Grass," "Pure White Stones" and "4th of July Parade." (Pure White Stones?)

A Hatch'er told Shenan: "Sen. Hatch is a big fan of music and has committed his life to serving the country he loves. Since these songs combine his love for music and country, he wanted to share them with colleagues."


Senator Hatch was on CNBC's Squawk Box Monday morning to discuss President Obama's budget:

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