All eyes are fixed on the train wreck that is the Republican presidential-nomination contest. Unfortunately, some of the zaniness that has appeared in the debates is indicative of the still greater folly occurring at the state level.
Nowhere is this on more flagrant display than in Utah, where conservative activists want to oust Orrin Hatch from the U.S. Senate for being — get this — too liberal. As a former general counsel to Senator Hatch in the mid-1990s, the idea of him losing because of unfaithfulness to the conservative cause makes me think that I have awoken in Jerry Seinfeld’s Bizarro World. Up is down, left is right, and George Constanza’s confidence charms beautiful women and wins him a dream job with the Yankees. Only in that world is Hatch a liberal.
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While the presidential contest naturally consumes most of the political oxygen at the national level, conservatives should devote at least equal effort to the U.S. Senate. Because of the protest vote against the Iraq War in the 2006 midterms, liberals won an unusually large bloc of Senate seats. Democrats have 23 of 33 seats up for reelection this year, many of them in states where people usually enjoy clinging to guns and religion, in President’s Obama’s memorable 2008 phrase. A switch of only four Senate seats would give Republicans a majority sufficient to frustrate any legislative agenda. Even if Obama were to win reelection, Republicans could transform his second term into a replay of the Clinton years, in which a stalemated political system resulted in balanced budgets, restrained domestic policy, and a booming economy.
Conservatives intent on reversing the massive, unconstitutional explosion of the public sector under President Obama should welcome Hatch’s return to the Senate. Hatch has spent almost four decades fighting to return the country to its values of individual liberty and limited government. In 2010, his voting record hit a perfect 100 on the American Conservative Union scale. Only Senators Jim DeMint and John Thune could tie him. He serves as co-chairman of the Federalist Society, one of the most successful conservative organizations in Washington, with former judge and Supreme Court nominee Robert Bork. Sean Hannity and Mark Levin have endorsed Hatch.
Conservative activists in Utah, however, must think Bork, Hannity, and Levin are crypto-liberals. They are threatening to use the state’s unusual caucus system and outside political-action committees to end Hatch’s four decades of conservative handiwork. Six candidates have filed to challenge Hatch, including two state legislators, though popular conservative congressman Jason Chaffetz has decided not to run. In just about any other state, the thought of knocking of someone with Hatch’s conservative track record and political savvy would be fanciful. But not in Utah, where a quirky nomination process eliminates candidates in rounds of voting by locally elected delegates until only two candidates remain. Unless one of them wins 60 percent of the vote (with which he becomes the party’s nominee), the two candidates left standing advance to a primary. In 2010, three-term senator Bob Bennett lost after two rounds of voting, because the caucus tends to attract energized delegates who are not necessarily representative of the state party generally.
The same activists who ousted Bennett now have Hatch in their cross-hairs. They claim that he has overstayed his welcome in the Senate and has strayed from conservative values. The first critique is irrelevant and even naïve. Because of the Senate’s seniority rules, conservative senators of long standing sit atop powerful committees and as a result, can actually have an outsized influence. If Republicans gain a majority, Hatch will become chairman of the Senate Finance Committee, considered the most powerful body in the upper house because of its control over taxes. Conservatives can be sure that Hatch, who has led efforts to ratify a balanced-budget amendment to the Constitution, will promote free-market values from that influential perch.
The second critique of Hatch ignores his most important achievement, without which there would be no tea-party agenda and government today would be far larger than it already is: a more conservative Supreme Court. Only the federal courts have succeeded in slowing Washington’s unrelenting expansion of power. Admittedly, its success has been modest, but the Supreme Court has been the only branch to impose any limits on the Commerce Clause, which is the main font of Congress’s power to regulate society and the economy. Only the Court has defended the sovereignty of the states to regulate matters not specifically reserved to Congress by the Constitution. The only check on the independent agencies and their quest to over-regulate the economy has come from the Court’s defense of the separation of powers. Recognizing this, conservatives have placed their hopes of reversing Obamacare in a lawsuit currently pending before the Supreme Court to overrule the law’s individual mandate.
Without Hatch, none of this could have happened. Given the ascendancy of the U.S. Supreme Court in our political system over the past few decades, it is no exaggeration to argue that few have actually achieved more for American conservatism than has Hatch. His gentlemanly presence and soft-spoken ways sometimes cause observers to underestimate the fire with which Hatch has waged war on the Senate Judiciary Committee, where he has led Republicans for decades. When President Reagan elevated William Rehnquist to the chief justiceship in 1985, liberal groups and senators tried to stop his nomination with manufactured claims that he had harassed minority voters. On his own, Hatch attacked the critics who spread these irresponsible rumors and saved the Rehnquist appointment. Without Rehnquist, Antonin Scalia might not have joined the High Court. If Democrats had succeeded in delaying the chief justice’s appointment by one year, Scalia might have shared the fate of Robert Bork, who could not win confirmation in 1987 before a Senate with a new Democratic majority. Without Hatch’s stand, the Rehnquist Court could never have begun the conservative counter-revolution in constitutional law, and Scalia would not have penned the opinions that have set the conservative intellectual agenda. No Hatch, no Rehnquist or Scalia.
Senator Hatch will survive Utah’s “Bizarro World.” He saw what happened to his bud Senator Bennett and has adjusted his rhetoric. You see, a little “Tea-Boarding” is a good thing, it keeps a conservative, conservative.
This article has only increased my desire to see Hatch out of office. And the issue isn't IF Hatch is a conservative... but whether he is the most conservative, electable person forthat office.
Thank you John for such a well written piece on Senator Hatch. It's unfathomable that some would think he does not pass the conseervative litmus test when he's been out front on many conservative battles.
Thank you John for such a well written piece on Senator Hatch. It's unfathomable that friends would think replacing a fighter for conservative constitutional values is in the best interest of our cause.
Sen. Hatch is a mushy, mushy man who is occupying a seat. He is not a leader. He is not a senator that conservatives look to for inspiration. He is not remotely close to a top of mind conservative.
Of course Hatch is conservative. Perhaps on some issues he's not spot on the line, but from a judicial perspective, he has always been the clear, strong voice of conservatism on the court. If you want to focus on a RINO who's served well beyond his use- vote out Lugar from Indiana. He's a puppet of the Dems and not a whole lot better than Snowe/ Collins from Maine. Certainly Indiana can effect a change - worse case, put Peyton Manning in@!
Senator Hatch has not been "conservative" for many years. I know all these grand men and women like to speak about his conservative credentials but that is history. He stopped fighting for conservative values a long time ago.
Mr. Yoo writes a good article in defense of Mr. Hatch. It is time to call him home. Mr. Bennett seems to be enjoying his retirement. Mr. Hatch needs the same treatment. Utah Republicans should ask Mr. Hatch to retire. You see no one likes to lose in a primary. You end up crying on the carpet and begging for another try. See Mr. Bennett in 2010.
DO NOT keep Hatch; he is exactly what is wrong with the beltway. He is an elitist, and as has been proven time after time he would stab his own brethren in the back to maintain influence and power. These fools are above the law, above the constitutional restraints, and go along to get along over the wishes of the people and the well being of the country. THROW HIM OUT.
The man is tooooooooo old. We must freshen the place up a lot. Senator Hatch was a willing partner in bankrupting the United States. Time for a big change.
Totally agree that Hatch should go. He is out of touch with today's realities. I refuse to believe the "we have to keep him because of his seniority" premise. Two years ago we heard the same thing about Bob Bennett, and now we have one of the most conservative senators in the country in his place, the stellar Mike Lee. Notice Yoo mentioned that Hatch's greatest moment came in 1991. That was over 20 years ago. Enough said.
What's galling is for Yoo to talk about Hatch and judges. Hatch voted for Ginsburg and Breyer, who have been horrible disasters for almost two decades now. Other Republicans voted against them; Hatch should have done the same.
He also has supported government money for embryonic stem cell research.
It's true all the Democrat senators are worse, and a few Republicans. But Utah should do better.
Why can't Utah elect another conservative? It's not like if Hatch is not reinstated that Obama gets to appoint the next Senator from Utah. The "rank and file" republicans have a problem with the party establishment preferring (vetted) incumbents over principled conservatives.
Wonderful homage to Hatch. He has been a great senator indeed. However, he has had some squishy moments in the last few years which has caused this redest of states to get a wandering eye. If that eye sees an articulate bona fide conservative al la Mike Lee, its curtains for Hatch. If there isnt anyone good enough, Hatch will get one more, but we want him to pass the baton to the next generation after that.
Was Hatch a conservative when he urged the Federal government to intervene in college football's BCS system? If that's what passes for conservatism these days, we are screwed.
This article is entirely based on a false premise. We don't seek to remove Hatch for being too liberal or not conservative enough. The main focus of the movement to remove the Senator is based on two points. One he's been in office for nearly 40 years, and he was elected partially on a platform of removing an incumbent who had been in office for over twenty years. Second while still a conservative, he no longer represents his constituents. He is 100% in the pocket of the Hollywood and media elite. Oh come election time he's suddenly remembered the poor folk of Utah but the rest of the time he does what he wants, or rather what his media industry puppet masters want.
Senator Hatch has done great things for Utah in the past, but not of late, take his support of SOPA/PIPA with their non conservative draconian measures and the wording of his statement when he reacted to the internet protest in January, he backed out but still supported the idea of SOPA/PIPA and that's just one example. The loss of his seniority may hurt Utah, but not as much as he's claiming and that seniority issue is another thing that must be fixed in the Senate, influence/power must not be based on how many decades a Senator holds on to his seat.
Hatch must go, I wish he'd do the honorable thing and just not run again, but since he is, we will be trying to give him the same treatment we gave Bob Bennett two years ago when we didn't even let him out of the primary caucus's.
Don't keep Hatch, Give him the boot! He's been in office too long. And it has nothing to do with him not being conservative enough.
Small point, but Senator Hatch's predecessor, Frank Moss, had been in office eighteen years, exactly half of Hatch's present tenure. Hatch's campaign slogan was, "Eighteen Years is Enough!"