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Senate Panel Ends Hearing on Thomas Nomination : Judiciary: A close vote on whether to recommend that the judge be seated on Supreme Court is expected next week. He is favored to win confirmation.

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TIMES STAFF WRITER

A divided Senate Judiciary Committee wrapped up its marathon hearing on the Supreme Court nomination of Judge Clarence Thomas on Friday and announced it may cast its vote by the end of next week.

Senators and staff aides are predicting a close vote on whether to recommend to the full Senate that Thomas be confirmed. Despite broad support in the opinion polls and the vigorous backing of President Bush, Thomas has not nailed down a firm majority among the 14 members.

“It could be anywhere from 9 to 5 (in favor of Thomas) to 7 to 7,” a committee adviser said after the close of the two-week-long hearings. Whatever the vote, Thomas’ nomination would still be sent to the full Senate, where he was favored to win confirmation.

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On the committee, all six Republicans, plus Democratic Sen. Dennis DeConcini of Arizona are expected to vote for confirmation. Committee Chairman Joseph R. Biden Jr. (D-Del.) and Sen. Howell Heflin (D-Ala.) were said to be still undecided Friday, while five other Democrats were leaning toward a “no” vote. They are Sens. Edward M. Kennedy of Massachusetts, Howard M. Metzenbaum of Ohio, Paul Simon of Illinois, Patrick J. Leahy of Vermont and Herbert Kohl of Wisconsin.

Biden said he expects a vote “by Friday” of next week, with full Senate action shortly thereafter. If that schedule is followed, Thomas could be sworn in and seated as the ninth justice before the Supreme Court opens its fall term on Oct. 7.

Over five days on the witness stand, the 43-year old black conservative judge failed to allay concerns among the Democrats, particularly with his quick repudiation of past controversial statements on natural law and abortion.

Leahy said he was stunned when Thomas, asked to discuss key Supreme Court cases over the past 20 years, drew a blank. He also pronounced as “incredible” the judge’s assertion that he had never discussed the Roe vs. Wade abortion ruling of 1973.

Heflin, a former chief justice of the Alabama Supreme Court, repeatedly said he was puzzled by Thomas’ answers. Sometimes, Thomas sounded like a “closet liberal” and at others like “a right-wing extremist.” In the end, Heflin pronounced Thomas “an enigma.”

While Thomas’ stumbling or evasive answers on legal questions cost him support in the Judiciary Committee, his rise from poverty and his earnest manner earned him credit around the nation. Recent opinion surveys found that voters favor Thomas’ confirmation by margins of 3 to 1 or more, and several Senate aides questioned whether Heflin would buck the political tide and cast a vote against the nominee.

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