Ginsburg’s Religion, Age Considered : But White House Says They Weren’t Factors ‘in the Final Selection’

White House spokesman Marlin Fitzwater said today that Judge Douglas H. Ginsburg’s Jewish faith and his relative youth were discussed in advance of his selection as a Supreme Court nominee.

“Certainly, the fact that he is Jewish was discussed in the preliminary meetings and so forth, when we were trying to winnow the original list of 30 down to 12 or 15 or seven or whatever,” Fitzwater told reporters.

“But it was not a matter that was discussed with the President, and not a factor in the final selection, at least in terms” of the meeting on Thursday morning at which President Reagan made his choice, the spokesman added.

Importance Downplayed

Pressed on this point, Fitzwater said, “Well, you have to say it was a factor in the sense that it’s a fact that he is Jewish, but it was not a factor in his final selection.”

The spokesman said Ginsburg’s faith was discussed in the context that “it is a fact that he is the first Jewish nominee, I guess, since Abe Fortas, but beyond that . . . I wouldn’t try to attach any special tactical advantage to it.”

Fitzwater added, “I think the President was impressed with his scholarly quality . . . by his sense of humanity,” without giving any specific examples of Ginsburg’s humanity.

Fitzwater said Ginsburg’s age--41--was also discussed, but “only in the sense that because he is relatively young, certainly it was a matter to be considered. But it was quickly shown that age has not been a factor historically.”

Fitzwater also insisted “there wasn’t any split” among Reagan’s top advisers, including Atty. Gen. Edwin Meese III and White House Chief of Staff Howard H. Baker Jr., in the nomination of Ginsburg over federal appeals Judge Anthony Kennedy who was one of the finalists. (Story, Page 14.)

Ginsburg began making the rounds on Capitol Hill today, visiting key senators in his quest for confirmation.

Meetings With Senators

A smiling Ginsburg met first with Sen. Howell Heflin (D-Ala.) and then with Senate Republican leader Bob Dole of Kansas and Sen. Strom Thurmond (R-S.C.), the ranking Republican on the Judiciary Committee, which will conduct Ginsburg’s confirmation hearing. Ginsburg was accompanied by Baker.

Asked if he looked forward to the confirmation process, Ginsburg told reporters: “I do. I’ve been through two before, and I look forward to this one more than ever.”

Heflin, asked what he wanted to know about Ginsburg, commented: “I want to know about his opinions. . . . He has gone through two confirmation processes, and both have been very brief.”

The new nominee won easy Senate confirmation for the appeals court judgeship he now holds and for the Justice Department antitrust position he held earlier in the Reagan Administration.

Heflin said that his first impression is that Ginsburg “would not be as controversial” as Bork but that “I would reserve judgment on that.”

Despite reports that Kennedy had been Baker’s choice for the court, Baker insisted to reporters that the White House view on Ginsburg’s getting the nod was “unanimous.”