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Black Caucus Will Fight Confirmation of Thomas : Judiciary: The group plans a nationwide campaign to halt the high court nomination. Action could be a serious blow to the Administration.

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TIMES STAFF WRITER

In an unexpected move, the Congressional Black Caucus declared Thursday it will attempt to mobilize the black community nationwide to fight the confirmation of conservative black jurist Clarence Thomas to a seat on the U.S. Supreme Court.

The caucus is the first black organization to actively oppose Thomas, and its planned campaign could deal a significant blow to the Bush Administration’s hopes for a fast and trouble-free Senate confirmation. The National Organization for Women and the League of United Latin American Citizens also have voiced opposition to Thomas.

The caucus, which includes 26 House members, said that Thomas is not a suitable successor to Thurgood Marshall, the only black ever to serve on the high court. Marshall announced his retirement two weeks ago.

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Caucus leaders said they will convene a national meeting of African-American leaders in Washington in an effort to stop Thomas’ confirmation by the Senate, where there has been generally favorable initial reaction for President Bush’s nominee.

The decision was approved with only a single dissenting vote from the only Republican member of the caucus--Rep. Gary Franks (R-Conn.)--during a closed-door meeting Thursday afternoon. It contrasts with this week’s move by the National Assn. for the Advancement of Colored People to defer a decision on endorsing Thomas.

“The members of the caucus made an impassioned appeal for our body to make clear to the people of this nation and those we serve our irrevocable stance on this matter of high conscience and fundamental principle,” said Rep. Edolphus (Ed) Towns (D-N.Y.), the caucus chairman.

“We will not shrink from our responsibility to challenge the President to bring before the American people, and the Congress, a fit and appropriate nominee who will do justice to the legacy of Thurgood Marshall. Our preliminary findings show that Clarence Thomas does not meet this standard,” Towns said in a statement.

Towns said the caucus will undertake an exhaustive review of Thomas’ record for presentation to the Senate Judiciary Committee and to the proposed national meeting of black leaders.

The caucus has a mixed record of success in the House, where its membership represents only 6% of the lawmakers. Many of its members were active in opposing the confirmation of Supreme Court nominee Robert H. Bork, who was rejected by the Senate in 1987.

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Some black organizations, including the NAACP, have been torn over whether to oppose Thomas’ elevation to the Supreme Court.

Although he is only the second black to be nominated for a seat on the court, Thomas has drawn fire from civil rights organizations for his opposition to affirmative action and his record as chairman of the Equal Employment Opportunity Commission from 1982 to 1989.

Sen. John C. Danforth (R-Mo.), a close friend of Thomas who once hired him as an assistant attorney general in Missouri, expressed regret over the caucus move. He termed it a “rush to judgment” that might presage the kind of controversy that engulfed the Bork nomination.

“I can see it coming all over again,” said Danforth, adding that nominations to the Supreme Court should not become political campaigns.

Senate Minority Whip Alan K. Simpson (R-Wyo.) termed the caucus action “repugnant,” saying it was based on “trumped-up charges.”

Hearings on the nomination have been scheduled for September by the Senate Judiciary Committee.

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Meantime, the White House confirmed a published report that Thomas was hit with a federal tax lien for $2,151 in 1984 for failure to pay all of his 1982 taxes. Thomas paid that amount in 1984, the Internal Revenue Service said. Through an oversight, however, the lien against Thomas and his former wife, Kathy, never was released.

A White House spokeswoman said that Thomas had made a “common error” in filling out Schedule G, a complex income-averaging form that allowed people whose income had changed dramatically to average several years’ income for tax purposes.

Judy Smith, speaking for the White House, said that Thomas filed an amended return shortly after he was notified of the error and paid the amount due.

“Judge Thomas believes that the lien was placed in error and that the matter is now resolved,” Smith added.

In a financial disclosure report made public Thursday, Thomas said that his assets in June, 1989, totaled less than $30,000, not counting the value of his home or his salary.

Thomas’ property includes a small inheritance from his grandfather, two individual retirement accounts and an annuity, according to the report released by the Office of Government Ethics.

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The report was filed when Thomas was chairman of the EEOC. He reported no liabilities.

Thomas said that he owned property in Savannah, Ga., that produced less than $1,000 in rents each year. The total value of his assets was listed as between $8,000 and $30,000, according to the categories established on the reporting forms.

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