Panel OKs Rehnquist 13-5; Scalia Wins 18-0 Approval : Senate Foes See a Tough Floor Fight

The Senate Judiciary Committee gave President Reagan a double victory in his efforts to remake the Supreme Court in his image today by approving William H. Rehnquist as chief justice and Antonin Scalia to replace him as associate justice.

The committee approved Rehnquist on a 13-5 vote to be the nation’s 16th chief justice despite opposition from Democrats who said he was not candid about his racial views. The panel gave Scalia, a federal appeals court judge, its unanimous approval, 18 to 0.

The nominations now go to the full Senate, which is set to vote on the nominees Sept. 8. The two are expected to be confirmed.

The dual votes came after a morning of subdued debate over the conservative jurists--nominations critics fear will help Reagan reshape the ideological makeup of the nation’s highest court well into the 21st Century.

Criticized as Extremist

Five Democrats opposed Rehnquist, 61, who has been a Supreme Court justice since 1971, on grounds that he was not candid before the committee and that he was an extremist on racial and women’s issues.

During four days of testimony, critics charged that Rehnquist had harassed and intimidated black voters in Phoenix, was less than candid about a memo he wrote supporting racial segregation as a law clerk, and was insensitive to minority and women’s rights.

Rehnquist has denied the charges and said he did not know he owned two homes that had deeds prohibiting their sale to blacks or Jews.

“The record of Mr. Rehnquist in these hearings contains overwhelming and shocking evidence of his intense, lifelong hostility . . . to the claims of racial justice,” Sen. Edward M. Kennedy (D-Mass.) said.

Kennedy Cites Lack of Candor

Kennedy, who announced before the confirmation hearings began that he would oppose Rehnquist, said the jurist was not candid with the committee and his views are outside the mainstream of American life.

“He is wrong on rights for women. He’s wrong on the separation of church and state. He’s wrong on the most basic individual freedoms protected by the First Amendment,” Kennedy said. “He is too extreme to sit as chief justice.”

Sen. Patrick J. Leahy (D-Vt.) noted that his vote against Rehnquist was largely symbolic but said: “There’s a cloud hanging over this nominee. . . . I am one senator who cannot vote for him.”

But Sen. Paul Laxalt (R-Nev.) said Rehnquist had everything “but the kitchen sink thrown at him during these hearings” and was opposed by liberals solely because of his conservative philosophy.

“The plain fact is that President Reagan was elected in 1984 by an overwhelming majority and it’s his right to appoint a chief justice who comports with his philosophy,” Laxalt said.

Tough Floor Fight Seen

Opponents to Rehnquist, however, are predicting a tough floor fight when the nominations are debated in the Senate in September.

Although there are no Democratic plans to filibuster, Kennedy noted that President Richard M. Nixon’s Supreme Court nominee G. Harrold Carswell was approved by the Senate Judiciary Committee 13 to 4 in 1971 and defeated on the Senate floor because of his racial views.

Scalia’s nomination had none of the controversy or rancor that surrounded Rehnquist’s. Even Kennedy said he would vote for him, saying “Judge Scalia is a conservative. He’s not an extremist.”

In addition to Kennedy and Leahy, those opposing Rehnquist were Sens. Paul Simon (D-Ill.), Joseph R. Biden Jr. (D-Del.) and Howard M. Metzenbaum (D-Ohio).