Orrin Hatch: “Mr. President I rise to make a few remarks about a matter relating to judicial philosophy that has been discussed by…”

“Mr. President I rise to make a few remarks about a matter relating to judicial philosophy that has been discussed by some during the course of this year in connection with the public debate over Supreme Court vacancies that have occurred this year. Some have attempted to create a false conclusion by criticizing a school of judicial philosophy sometimes referred to as the ``constitution in exile''. For example, earlier this year, my esteemed colleague from Delaware, Senator Biden, who, I understand, teaches constitutional law at the University of Delaware, entered into this debate. My friend from Delaware specifically asked us to reflect upon the judicial philosophy of one of our Nation's most respected Federal appellate judges, Chief Judge Douglas Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit. I was recently in attendance at the DC Circuit for the formal swearing in of Judge Thomas Griffith and was once again impressed with the quality of jurists of this extremely important and influential court. I commend Senator Biden for his support for the nomination of Judge Griffith. As I will explain, I do take exception to some of the characterizations that the former chairman of the Judiciary Committee made about the views of Chief Judge Ginsburg. The senior Senator from Delaware invited us to ``read Judge Ginsburg's ideas about the `Constitution in Exile'. . .…”