It isn't often that a Democratic Supreme Court nominee may owe his appointment to a Republican senator. That made a get-reacquainted meeting Tuesday between Stephen Breyer and Sen. Orrin Hatch, R-Utah, unusual - and unusually warm.
"It's great to see you again. What a treat," nominee Breyer said as he smiled and enthusiastically shook Hatch's hand before the national press waiting outside Hatch's office door was allowed to stampede in for quick pictures.Many in Washington feel - and Hatch has not tried to dissuade them - that President Clinton nominated moderate Breyer only after Hatch threatened a tough, long fight if Interior Secretary Bruce Babbitt were appointed instead.
Breyer was asked in several differently phrased questions if he felt indebted to Hatch for his outspoken support - and, although not mentioned aloud, for Hatch's opposition of Babbitt.
Breyer never answered directly, instead saying, "I'm very delighted with all the support that I have."
"See how judicious he is," Hatch quipped.
Hatch, the ranking Republican on the Senate Judiciary Committee, would normally lead any opposition to a nominee by a Demo-cra-tic president. But with Breyer, he is one of the head cheer-leaders.
"In this case, having known Judge Breyer before and knowing exactly his reputation . . . and adding in our friendship through the years, it would have been impossible for me not to support him," Hatch told reporters as Breyer beamed by his side.
"Judge Breyer is a very fine person. I've had a lot of personal contacts with him when he was chief counsel of the (Judiciary) committee," he said. "He knows the role of judges in our society and will live up to that role."
Of course, Hatch had publicly said for weeks that he feared Babbitt's record showed he would "legislate from the bench" instead of interpreting laws as envisioned by Congress.
"I know him well," Hatch said looking at Breyer - so well that Sen. Edward Kennedy, D-Mass., Breyer's home-state senator, did not accompany Breyer to introduce him to Hatch. Kennedy did introduce Breyer to other Senate leaders during the day.
Hatch and Kennedy had mutually supported Breyer in conversations with the White House.
One reporter asked Hatch if he took glee in seeing what little criticism of Breyer that has arisen is coming from Democrats instead of Republicans. (Sen. Howard Metzenbaum, D-Ohio, said Breyer is too pro-business and blasted Clinton for clearing the nomination with Hatch, which he said he "had never seen before.")
Hatch said, "I hate to say it, but I am somewhat surprised by that. . . . But everyone around here has a right to speak their mind."
And as he said in an interview earlier this week, "No one thought we'd have two relatively moderate justices out of this administration with all the left-leaning constituents it has to satisfy. But we do."
Ruth Bader Ginsburg - nominated last year - also is seen as relatively moderate.