The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

The Late Senator Orrin Hatch's Utah Senate Seat has been vacated by Mitt Romney

Brent Hatch, the Senator's oldest son is running for the job and would be superb.

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Utah Senator Orrin Hatch, 1977 to 2019, was a stalwart supporter of originalist, rule of law judges through many a slugfest Senate confirmation fight. Senator Hatch fought for traditional American values, and, like Donald Trump, he always wanted to Make America Great Again. Sadly, when Hatch retired due to old age, the feckless RINO Mitt Romney, was elected to replace him. Romney voted twice to impeach President Donald Trump, and he was a longtime loser. Romney lost a winnable U.S. Senate race to Ted Kennedy in 1994 in Massachusetts by promising to be more pro-gay rights than Kennedy, and by being unable to defend his outsourcing of American jobs to China when he was a businessman. And, he lost the U.S. Presidency to Barack Obama, in 2012, again because of his outsourcing of American jobs to China as a businessman and because he implausibly claimed to be the leading social conservative in the race never bothering to explain his change of mind from 1994. Mitt Romney always was, and always will be remembered as a big time loser. Now is the perfect time to consider the candidacy of Senator Hatch's oldest and most conservative son, Brent Hatch.

Brent is a first rate lawyer who graduated from Columbia Law School and who was my co-clerk for Judge Robert H. Bork in 1984-1985 on the United States Court of Appeals for the D.C. Circuit. After clerking we both had the great privilege of working as political appointees in senior jobs in Ed Meese's Justice Department under President Ronald Reagan. Brent went on to serve as an associate White House Counsel under the senior President Bush. He became one of my closest friends and was a groomsman at my wedding in 1995.

Brent loves to hunt and has many proud trophies including of a huge stuffed Wild Boar that he shot himself. He is as ardent as it gets when it comes to Second Amendment rights. Brent is also a former Bishop in the Church of Jesus Christ of Latter Day Saints, and he is as socially conservative as was Judge Bork.  Brent is a brilliant trial lawyer who started his own law firm and who built up a fortune in the process of doing so.  He has lived in Utah continuously for the last thirty years in a hill top mansion that overlooks Salt Lake City.  But, what Brent really loves doing is driving his motorcycles, all terrain vehicles, and working in his yard.  When my daughter went out to visit him a few years ago, he signed her up for an axe-throwing contest where you got a prize if you hit the bullseye.   With Brent's coaching, my daughter hit the bullseye and won the prize.  She also had a blast practicing law with Brent at his firm.

Brent has served for three decades as a member of the 12 person Board of Directors of the Federalist Society—a hot shot legal conservative organization. Brent has been an invaluable member of the Board of Directors, especially when financial matters arise. He is a great and good friend.

Like his Dad, Brent wants to see more lawyers like Judge Robert H. Bork and Justices Antonin Scalia and Clarence Thomas on the Supreme Court. Brent is a staunch and committed originalist. If he is elected, Senate Republicans should give him back his father's seat on the Senate Judiciary Committee. Like his father, Brent is a real fighter, but unlike his father Brent cracks jokes all the time and can talk with everyday Americans.  Brent was the first person who told me that he thought Donald Trump was going to win the presidency in 2016. Brent is actually much more conservative than his father, and he is a real populist to boot. The people of Utah have a chance this year to send the best possible Republican Senator to Washington, D.C.  I certainly hope they take advantage of this opportunity to reward talent and conservative principles by electing a man I have known very well and have admired for almost forty years.