Leahy, Specter call for Supreme Court diversity

Senate Judiciary Chairman Patrick Leahy (D-Vt.) is calling on President Obama to consult with Senate Democrats and
Republicans before picking a replacement for retiring Supreme Court Justice David Souter.

Specifically, Leahy would like to see Obama appoint more women and minorities to the court, giving a boost to Sonia Sotomayor, a Hispanic woman who has served on the U.S. Court of Appeals for the 2nd Circuit. Sen. Arlen Specter (Pa.), who until last week served as the ranking Republican on Judiciary, echoed Leahy’s call.

{mosads}The demand for consultation is similar to one Democrats made of former President George W. Bush before he nominated Justices John Roberts and Samuel Alito to the High Court.

Leahy’s statement falls into line with a broader effort by Democratic leaders in Congress to show their independence and even willingness to stand up to the new president.

Democrats won control of the Senate and House in 2006 by lambasting Republicans in Congress as Bush’s “rubber stamp.” They appear determined not to let Republicans use the same political attack against them in the 2012 midterm and future elections.

“I will make recommendations, some specific recommendations to him,” said Leahy in an interview on ABC’s “This Week.”

“I’ve also recommended that he sit down with both the Republican and Democratic leadership and talk about this.”

Leahy called for more diversity on the court, a change that many Democrats and liberal activists also want to see.

“I would like to see certainly more women on the court,” said Leahy. “Having only one woman on the Supreme Court does not reflect the makeup of the United States. I think we should have more women.”

Diane Wood, a member of the U.S. Court of Appeals for the 7th Circuit, and solicitor general Elena Kagan are other women in the running to replace Souter.

Sen. Orrin Hatch (R-Utah), however, criticized the president.

Hatch said on “This Week” that those candidates “are on the far left of the spectrum.”

Hatch also criticized Obama for using the word “empathy” in his discussion of an ideal justice.

“He’s also said that a judge has to be a person of empathy. What does that mean? Usually that’s a code word for an activist judge.”

Hatch said that he wants the president to pick a justice who is willing to weigh fairly the complaints of rich and poor alike.

{mosads}“We all know he’s going to pick a more liberal justice,” said Hatch. “Their side will make sure that it’s a pro-abortion justice. I don’t think anybody has any illusions about that.

“The question is, are they qualified? Are they going to be people who will be fair to the rich, the poor, the weak, the strong, the sick, the disabled, and yet give justice to those who may not be…?”

Republicans may have some initial difficulties influencing the debate over Souter’s successor because it remains unclear which GOP senator will be tops on the Judiciary Committee in the wake of Specter’s departure to the Democratic Party.

Hatch, a former GOP chairman of the committee, said he would not seek a waiver of Senate Republcian conference rules to serve in the top spot. He stepped down as chairman in 2005 because of term limits.

The Utah lawmaker said he would not make recommendations about whom Obama should pick “unless he calls me.”

“If he calls me, I’d be happy to sit down with him. We get along well. I’ve been out to the White House a number of times.

“I hope that he will pick somebody who will, like I say, not put their own personal predilections into law, but follow the law and do what is really right.”

Hatch said that Sens. Chuck Grassley (Iowa), Jon Kyl (Ariz.) and Jeff Sessions (Ala.) could each serve as the top Republican on the committee.

Leahy said he would be willing to work with any of them.

Specter, who served as the senior Republican on Judiciary until this week, suggested that Obama could pick a justice “with a strong academic and professional background.”

“It would be my hope that he would chose someone with diversity. Women are underrepresented on the court,” he said on NBC’s “Meet the Press.” “We don’t have a Hispanic. African-Americans are underrepresented.”

“I would hope that he would look beyond the circuit courts of appeals … and pick someone with greater world experience and justice.”

“All the justices now have been on the circuit courts of appeals,” said Specter. “They have lives and experiences which are all very similar and we live in a very diverse country with a lot of different interests.”

“I think its important to have a Hispanic on the court and more than one woman.”