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SALT LAKE CITY — Sen. Orrin Hatch, R-Utah, told state lawmakers Tuesday that it's "fair to both sides" to wait until a new president is elected to fill the vacancy on the U.S. Supreme Court left by the sudden death of Justice Antonin Scalia.
"Let's do what's best for America. Let's not put this, one of the most contentious Supreme Court nominations in history, into the middle of one of the most contentious (presidential) nomination process ever," Hatch told the Utah House.
He said Senate Majority Leader Mitch McConnell, R-Ky., has chosen to "be fair to both sides and do it the right way" by announcing the vacancy shouldn't be filled until there's a new president to give the American people a voice in the selection.
Scalia's death Saturday at age 79 leaves the Supreme Court without a tiebreaking conservative vote that could stall decisions on key issues before the court, including how President Barack Obama's health care law impacts religious liberties.
Earlier Tuesday, Utah's senior senator dismissed talk of being nominated to take Scalia's place on the high court. South Carolina Sen. Lindsey Graham, a former GOP candidate for president, had suggested Hatch might be a consensus choice.
"That's not a serious suggestion. I'm 82 years old this March, and it was fun to hear," Hatch told KSL Newsradio. "It's just Lindsey's way of saying it would take someone like me to bring both sides together."
He also said the president has been treated "extremely fairly" during his two terms when it comes to federal judicial appointments, noting that some 40 percent have been confirmed by the Senate.
"Why should we get in a huge brouhaha this year?" Hatch said, when even if a Democrat is elected president, the country would be "no worse off" than if Obama had chosen Scalia's successor.
Hatch also told the Utah Senate during his annual report to the Legislature that replacing Scalia should be delayed until a new occupant is in the White House, given the heated Republican and Democratic nomination races.
He told reporters that U.S. Senate majority Republicans would be "absolute idiots" to bring up what is expected to be an equally divisive Supreme Court nomination before Obama's successor takes office.
Hatch said the high court could function fine for now with eight justices.
"This is something the court can live with," he said. "The country is not going to be any worse off."
The new president, he said, could nominate as many as four justices.
Hatch said he's looking for a justice who is a fair, honest jurist who would do what's in the best interest of the country and not their particular political party. Important issues are going to come before the court, he said.
"Religious liberty is one of the most stressful concerns that I have because we're in danger of losing the First Amendment," he said. "As long as I'm there, I'm not going to let that happen. But let me tell you, there are those on the other side who will let that happen."
