Reaction to Souter Mixed; Vote Expected Next Week

Supreme Court nominee David H. Souter was praised by law enforcement officials, condemned by a gay rights group and given mixed reviews from two black attorneys on Wednesday, the final day of confirmation hearings before the Senate Judiciary Committee.

Leaders of law enforcement organizations said that Souter had a strong law-and-order record on the New Hampshire courts and could be expected to provide another vote against expanded “criminal rights” on the Supreme Court.

The director of the National Gay and Lesbian Task Force said that Souter “would continue the shameful denial of equal justice” to homosexuals. Though narrowly divided on the issue, the court so far has been unwilling to forbid government discrimination against homosexuals, and Souter will likely “tilt the court” further against gays, said Urvashi Vaid, director of the task force.

Contrasting portrayals of Souter’s views on civil rights came from the black attorneys, who knew Souter at Harvard University. Washington lawyer Wesley Williams Jr. said that he knew Souter to be “fundamentally fair, lacking in prejudice” and predicted that as a Supreme Court justice, he will “do the right thing.”

But Haywood Burns, past president of the National Lawyers Guild, was not so confident. “I did not find (Souter) had an understanding of human rights,” he said.

Among the committee members, both liberal Democrats, such as Paul Simon of Illinois, and conservative Republicans, such as Gordon J. Humphrey of New Hampshire, expressed some “unease” about Souter. Simon said he was not confident that Souter would support civil rights; Humphrey said he feared that Souter would not vote to overturn abortion rights.

No senator has said he will oppose Souter’s confirmation, however. The committee expects to vote on the nomination next Thursday.

Meanwhile, the National Organization for Women and other feminist groups called on the committee to apologize for what it called the “patronizing” behavior of several members.

During a contentious session Tuesday evening, women’s rights advocates clashed with Republicans Alan K. Simpson of Wyoming, Strom Thurmond of South Carolina, Orrin G. Hatch of Utah and Arlen Specter of Pennsylvania.

After hearing from a number of women leaders testify that Souter should be rejected, the 87-year-old Thurmond said he was pleased to be in the “presence . . . of a lovely group of ladies,” but he had no questions for them.

A collective sigh went up from the panel and the audience, and Simpson then criticized the witnesses for viewing the senators as “boobs” and for taking offense “when Strom Thurmond says something courteous.”

“We would like to be treated the way you treat everybody else,” NOW President Molly Yard replied. “You don’t say to the men, ‘Gentlemen, you all look lovely.’ ”

“He’s a man of great civility and a Southern gentlemen of the first order. If you don’t like the way he expresses himself, what business is that of yours?” Simpson countered.

The two sides then clashed over details of Souter’s record as a judge, and committee Chairman Joseph R. Biden (D-Del.) called for adjournment.

In addition to Yard, the women referred to as “a lovely group of ladies” were former NOW President Eleanor Smeal, Los Angeles attorney Gloria Allred, former U.S. Rep. Elizabeth Holtzman (D-N.Y.) and Helen Neuborne, NOW Legal Defense Fund director.