JAKE TAPPER (HOST): Senator, I want to read you back something you told Newsmax on Friday, quote: "Obama could easily name Merrick Garland, who is a fine man. He probably won't do that because this appointment is about the election. So I'm pretty sure he'll name someone the liberal Democratic base wants." So theoretically you must be thrilled President Obama followed your suggestion.

SEN. ORRIN HATCH (R-UT) Well, you know, it isn't a question of who he's appointed, it's a question of whether you should bring that up during this caustic, toxic presidential election process. It's something that really hasn't been done before, except in the case of in recent years, in the last 75 years, except in the case of Justice Kennedy, who after a long ordeal of Democrats smearing Bork and then going right down the line, everybody was happy to get that over with.

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TAPPER: Senator, in 2010 you actually specifically addressed the possibility that President Obama would nominate Judge Garland. You said there was no question he would win confirmation with bipartisan support.

HATCH: Well, and he did. As a matter of fact, I led that fight for him. You know, he's a fine man. I have no problem with liking, you know, the judge. I mean he's a good judge. Now, I haven't looked at his opinions for 19 years, and we're not talking about a Circuit Court of Appeals judgeship. We're talking about the highest court in the land, the court of final decision making where you -- it's the court of final appeal in this country. So it's a much more serious thing, and I can quote you Democrat after Democrat who when Republicans were in control said you can't do this.

TAPPER: Right.

HATCH: You know, so now that the ox is gored, I mean they of course would like to just be able to run right over you, and the Republicans aren't going to let them do that.