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Originally published Sunday, May 3, 2009 at 6:33 AM

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Hatch: Is Obama using 'code' for activist judge?

A senior Republican on the Senate committee that will consider President Barack Obama's Supreme Court nominee says he's worried the president might pick a judicial activist instead of someone who bases decisions on the law.

WASHINGTON —

A senior Republican on the Senate committee that will consider President Barack Obama's Supreme Court nominee says he's worried the president might pick a judicial activist instead of someone who bases decisions on the law.

Sen. Orrin Hatch of Utah says Obama's comment last week about naming a justice who understands Americans' problems and has empathy for people is "code" for putting in place a person who legislates from the bench.

Hatch says he realizes the president will choose a more liberal person for the opening created by Justice David Souter's retirement. Hatch, a top Republican on the Senate Judiciary Committee, says he expects the nominee to favor abortion rights.

Hatch spoke Sunday on ABC's "This Week."

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