Panel Appears Evenly Split on Thomas Vote

The Senate Judiciary Committee appeared likely to reach a 7-7 deadlock when it votes today on elevating Clarence Thomas to the Supreme Court, although both supporters and opponents predicted he ultimately will be confirmed by the full Senate.

The conservative black jurist drew unexpected opposition Thursday from two committee members--Sen. Howell Heflin (D-Ala.), former chief justice of Alabama’s highest court, and Sen. Herbert Kohl (D-Wis.)--indicating a sharp division on the panel.

Congressional sources said they expected a total of seven Democrats on the Judiciary Committee to oppose Thomas, while Sen. Dennis DeConcini (D-Ariz.) and the panel’s six Republicans were expected to favor his confirmation.

Other sources said they anticipated an 8-6 vote in favor of President Bush’s second nomination for the high court. In either case, the nomination still will go to the full Senate, where all 100 members will have a chance to decide Thomas’ fate.

Although Thomas still appeared likely to win Senate confirmation, the committee split indicates that the nominee has been unable to win over lawmakers disturbed by his past criticism of affirmative action and his positions on other issues.

Sen. Alan Cranston (D-Calif.), a Thomas foe and former Senate majority whip, said in an interview that 41 senators were prepared to vote against Thomas when the nomination comes to the floor. No date for a full Senate vote has been scheduled, but leaders on both sides of the aisle said they hope to complete action on Thomas next week.

“The nomination may be in more trouble than anyone previously thought,” said Cranston, who added that he plans to join other opponents in lobbying against Thomas.

California’s Republican senator, John Seymour, declared his support for Thomas in a Senate speech, saying his qualifications for the high court are “clear and compelling.” Sens. John B. Breaux (D-La.), Bob Kasten (R-Wis.) and Hank Brown (R-Colo.) also announced their support for the nominee.

On the other side, Sens. Brock Adams (D-Wash.) and Tom Harkin (D-Iowa) joined with Heflin and Kohl in declaring their opposition.

Meanwhile, a legal newspaper reported that Thomas, now serving as a judge on the U.S. Court of Appeals in the District of Columbia, may have delayed handing down an opinion on affirmative action to avoid tough questions during his testimony before the Judiciary Committee.

The Legal Times of Washington said that Thomas wrote the majority opinion in a 2-1 decision that reportedly takes away a broadcast license awarded to a woman by the Federal Communications Commission under a gender-preference law encouraging diversity of station ownership.

The Associated Press said that Thomas declined to comment on the report.

Arguments in the case were heard about eight months ago, and U.S. appeals court panels generally take about two months to release an opinion after hearing arguments. Legal Times said that Thomas’ draft opinion was circulated privately among his colleagues before he was nominated to the Supreme Court on July 1 to replace retiring Justice Thurgood Marshall.

At issue in the case is whether the FCC was right to award a license to operate a radio station in Middletown, Md., to Barbara Marment under its gender-preference policy. Jerome Lamprecht, a broadcaster, sued the agency, asking that the award be set aside.

Legal Times quoted Thomas as saying in the arguments that it seemed the FCC was promoting diversity for its own sake without explaining what effect it would have on the operation of the station under female ownership.

The Supreme Court last year upheld the FCC’s use of racial preferences in awarding broadcast licenses, and Thomas reportedly said during the hearings that he did not disagree with that decision.

His opinion on the issue could raise questions about his willingness to defer to Congress and to uphold policies that seek to overcome disadvantages faced by women and minorities.

In another development, the Southern Christian Leadership Conference, the civil rights organization once headed by Dr. Martin Luther King Jr., urged the Senate to confirm Thomas, characterizing him as the best possible nominee that could be expected from Bush.

Staff writers Lee May in Atlanta and Glenn Bunting in Washington contributed to this story.