Sen. Orrin Hatch (R-UT) played down the effects of an eight-member Supreme Court deadlocking 4-4 in major cases, during an interview Tuesday with CNN.
“A four-four court functions. It’s functioned in the past. It will function this time. Just on the really controversial issues they will probably put them off for a year. It’s not the end of the world,” Hatch said.
Hatch went even further, saying delaying the confirmation of a Scalia replacement until the next president takes office “is a smart thing to do rather than be in the middle of a presidential election that is so complicated and aggressive as this one.”
Just hours after Justice Antonin Scalia’s death was made public, Senate Majority Leader Mitch McConnell rushed to declare that President Barack Obama was not welcome to put forward a replacement Supreme Court justices because it was an election year.
And so far, Republican senators are following his lead.
Hatch claims he is looking out as much for Hillary Clinton and Bernie Sanders as he is for a potential Republican President.
“If I was Hillary, I’d want the right to pick that judge. If I was Bernie I’d want the right to pick that judge. And now they are not going to say that because they think they have an advantage right now,” Hatch said. “Well let’s give neither side an advantage. Let’s be fair to both sides and let’s wait until this election is over and then the next president whether Democrat or Republican will have a right to nominate whoever that president wants and then we’ll have the obligation to confirm or not to confirm.”