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Boren Endorses Bork, Bentsen Opposes Him : Campaign for Supreme Court Nominee Alive but Shaky as Fewer Senators Remain Undecided

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Times Staff Writers

President Reagan won the support Friday of a key conservative Democratic senator--and lost that of another--leaving the Administration’s bitter campaign to place controversial nominee Robert H. Bork on the Supreme Court alive but still in precarious shape.

After a private meeting with the President, Sen. David L. Boren (D-Okla.) said that he would vote for Bork’s confirmation, making him the first leading uncommitted Democrat to side with the Administration on the nomination. It was hailed by the White House as a crucial victory.

This “probably stems the tide everybody saw flowing against us,” declared a senior White House aide, referring to the flurry of anti-Bork announcements earlier this week.

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Opportunities Shrink

But Reagan’s opportunities for more needed gains among the small group of uncommitted senators continued to shrink as Sen. Lloyd Bentsen (D-Tex.) said: “I am not prepared to vote for a Supreme Court nominee who has steadfastly refused to acknowledge that the people of America have a constitutional right to privacy--especially at home.”

The pro- and anti-Bork camps now estimate the pool of truly undecided senators on the nomination at 12 to 15. Of them, most believe Reagan needs to win about 10.

Meanwhile, Reagan, completing a week of dramatically escalated personal lobbying to revive the conservative jurist’s confirmation chances, met with four senators who have yet to announce their positions.

Several of the uncommitted are expected to announce their decisions next week, heavily influencing whether the White House chooses to withdraw the nomination or allow it to go to a Senate vote in the next month.

Although both sides are applying equal pressure to the swing votes, the President angrily complained later at a Rose Garden ceremony that “the special interests are determined to pack the Supreme Court and to distort the reputation of anyone who disagrees.

“This is no longer a battle over whether the most qualified man nominated in a century is confirmed to the Supreme Court,” Reagan said. “At stake here is the integrity and independence of the American system of justice.”

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Those who have been “distorting” Bork’s record, Reagan declared, “have said over and over he’s going to turn back the clock on civil rights. It’s amazing they can find a room big enough for them to get in front of the cameras. Their noses must be so long by now.”

The President’s intensive, personal campaign is now being pressed on two fronts:

--In private, Reagan has “opened up his schedule” for telephone calls and more meetings next week to try to convince crucial conservative Democrats and moderate Republicans that Bork, although accused of being a right-wing ideologue with a narrow view of constitutional protections, is a mainstream jurist with a great respect for high court precedent.

--In public, through speeches and statements, he will continue sending a signal that he has no intention of giving up on the nominee.

Friday, he included an appeal for Bork in an eight-minute speech on a completely unrelated topic--German-American friendship--and the White House took the unusual step of announcing in advance that his weekly radio address today will focus on Bork.

‘Law and Order’ Emphasis

A senior White House official predicted that Reagan would portray Bork to the public as a “law and order” champion.

“The President’s committed . . . and will keep up the effort,” said White House spokesman Marlin Fitzwater. “ . . . We think it’s a tough fight but it’s winnable.”

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Among the undecided Democrats, Boren had been considered by vote counters on both sides to be particularly susceptible to White House appeals. His voting record is more conservative than almost any other Democrat’s; Oklahoma has a relatively small black population, lessening the impact of the civil rights criticism that has heavily influenced Democrats in some Southern states; and backing Bork could help Boren mend political fences with Oklahoma conservatives angered by his aggressive role on the Senate’s Iran- contra investigating committee this summer.

Tom Korologos, a veteran Republican lobbyist working to support Bork, said that Boren’s announcement “stops the bleeding” caused by the anti-Bork announcements made by Southern Democrats Bentsen, David Pryor of Arkansas, Terry Sanford of North Carolina and J. Bennett Johnston of Louisiana, as well as by moderate Republican Arlen Specter of Pennsylvania.

Predicts a Surprise

However, conservative fund-raiser Richard A. Viguerie said that, for Reagan to salvage the nomination, he now must bring in “hard-line conservatives” among the undecided “and present Judge Bork as he is--a conservative.” In announcing his decision, Boren predicted that Bork would “surprise many of his strongest critics and staunchest supporters by being more moderate than either expects.” Boren said that the prediction was based on a study of Bork’s record and of the Senate Judiciary Committee hearings on the nomination.

Boren said he had found “no sufficient basis for refusing to consent to his appointment.”

The next significant announcement could come over the weekend. Sen. Howell Heflin (D-Ala.), one of three remaining uncommitted members of the Senate Judiciary Committee, which will vote next week on whether to recommend Bork’s confirmation to the full Senate, plans to make an announcement of his position Sunday, according to a Senate colleague.

A second uncommitted committee Democrat, Dennis DeConcini of Arizona, said he would disclose his plans Monday. A leading Bork supporter, Sen. Alan K. Simpson (R-Wyo.), said he expects DeConcini to oppose Bork, and most anti-Bork vote counters agreed.

Sees ‘Deep Trouble’

DeConcini gave no indication of his plans after he visited Reagan on Friday but he said that he told the President the nomination is in “deep trouble.” Others who were summoned to the White House for private sessions with the President were Sens. J. James Exon (D-Neb.), John Heinz (R-Pa.) and Robert T. Stafford (R-Vt.), White House sources said.

Exon said, after conferring with Reagan and White House assistants: “I got the impression that, unless they nail down 49 to 51 votes in the next few days, the nomination could be withdrawn.”

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In addition to Boren and Bentsen, several other senators announced positions on the nomination, but all had been expected. Sens. Jeff Bingaman (D-N.M.), Max Baucus (D-Mont.), John Kerry (D-Mass.), Carl Levin (D-Mich.), Barbara A. Mikulski (D-Md.), John D. (Jay) Rockefeller IV (D-W.Va.) and Timothy E. Wirth (D-Colo.) all announced opposition. Sens. Phil Gramm (R-Tex.) and John McCain (R-Ariz.), announced support.

Staff writer David Lauter contributed to this story.

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