Bush Says Souter Holds ‘Broad’ Senate Support : Judiciary: Aboard Air Force One with the nominee, who stays silent, the President predicts confirmation.

President Bush said Friday he believes there is “broad support” in the Senate for his nomination of David H. Souter to the Supreme Court and predicted that the little-known New Hampshire judge would sail through the confirmation process “with flying colors.”

The President, who gave Souter a lift to New Hampshire aboard Air Force One, said the reaction to the nomination, which he announced on Monday following the resignation a week ago of Justice William J. Brennan Jr., had been “very favorable so far.” However, he said the Senate reaction was hard to read since many in the Senate had not expressed an opinion about Souter.

In keeping with his public near-silence, Souter approached reporters at the back of Air Force One and said he had “one word, maybe two--hello, goodby.” With that, and a broad smile, he retreated to the private forward quarters.

Although Souter concluded his introductory meetings with Capitol Hill leaders Friday without triggering any apparent opposition to his nomination, abortion rights and civil rights activists said they were undecided over how strongly--or whether--to fight the nomination. Leaders of the activist organizations had banded together successfully to defeat President Ronald Reagan’s nomination of Robert H. Bork to the Supreme Court in 1987.

This time, however, the groups say Souter’s attitude on issues such as abortion and affirmative action are not as apparent as were Bork’s extensive legal writings and judicial opinions, reducing the target for organized opposition.

Nevertheless, a coalition of abortion rights groups said they are wary enough of Souter to launch an advertising campaign within the next week or so aimed at persuading senators to draw out Souter’s views on abortion. An early draft of the ad asks: “Is Judge Souter committed to protecting our individual liberties, including our right to privacy and our right to choose safe and legal abortion? We the people need to know. There is too much at stake.”

Linda Heller Kamm, an official with the Women’s Legal Defense Fund, one of the groups helping to pay for the ad, said the abortion rights organizations are preparing the message because there is a fear that some senators are being lobbied by the White House to confirm Souter without questioning his views on abortion.

However, civil rights groups that joined in the Bork fight are not supporting the ads. “We’re not rushing to judgment,” said Ralph Neas, executive director of the Leadership Conference on Civil Rights, an influential coalition of anti-discrimination groups.

Speaking to reporters on board Air Force One, Bush denied that Souter had demanded, as a precondition to his visit to Washington and the pre-nomination interviews by Bush Administration officials, that he not be asked specific questions about the 1973 Supreme Court decision that opened the way to legalized abortions.

“No, no, no,” Bush replied when asked if such a precondition had been imposed by Souter.

Sen. Warren B. Rudman (R-N.H.), a close friend of Souter who also flew with the President, said the nominee, in expressing concern about being asked questions about how he would decide specific cases, told him that as a sitting judge he would be “very embarrassed” to be asked such questions because he would be unable to answer them and would refuse to do so.

The senator said he relayed such concerns to White House Chief of Staff John H. Sununu. “I simply said, ‘David would be very uncomfortable if there was a situation where anyone at Justice or the White House--,’ I said, ‘or the President--would ask him directly how he might prospectively rule on a series of issues.’ I said, ‘in fact, John, on any issue.’

“And John’s response quickly to me, without a pause, was: ‘That is not our policy. We understand that,’ ” Rudman said.

Souter rode along with Rudman and the President on Air Force One to Pease Air Force Base, N.H. The President continued on by helicopter to Kennebunkport for a weekend retreat.

In Boston, Atty. Gen. Dick Thornburgh expressed regret Friday that Justice Thurgood Marshall criticized Souter’s nomination in a televised interview Thursday night.

“I don’t believe that it is a constructive type of attitude to have on the eve of the consideration by the Senate of the nomination of a man I consider to be possessed of extraordinary abilities of intellect and character,” Thornburgh said in a speech to the American Legislators Exchange Council, a conservative legislators’ conference.

Marshall, the remaining ideological liberal on the court, suggested on the ABC News program “PrimeTime Live,” that someone other than Bush is “calling his shots” on the nomination. “I just don’t understand what he (Bush) is doing,” he said, adding he had never heard of Souter before the nomination.

Asked about Marshall’s remarks, Bush told reporters as he was about to leave Washington that he has “great respect” for the Supreme Court and would have “no comment at all.”

Also on Friday, the White House elaborated on why Souter did not serve in the military. When his student deferments expired following his graduation from Harvard Law School in 1966, a physical examination revealed that one leg was a half-inch shorter than the other. He was therefore classified 1-Y, meaning he was ineligible for service except in a national emergency.