Panel Deadlocks, 7 to 7, on Thomas Nomination : Judiciary: Action gives opponents of Bush’s Supreme Court choice new hope that he can be defeated.

In a surprising setback for President Bush, the Senate Judiciary Committee deadlocked 7 to 7 Friday over whether to endorse Clarence Thomas for a seat on the Supreme Court and sent the nomination to the full Senate without a recommendation.

The stalemate diminished the climate of confidence that had surrounded the President’s choice of the conservative black jurist to replace retiring Justice Thurgood Marshall, a stalwart liberal and the only black on the high court.

Although many senators predicted that Thomas would be confirmed, the tie vote caused some to question seriously for the first time whether a coalition of civil rights organizations, organized labor and women’s groups actually might be able to block his elevation to the court.

Never before has the Judiciary Committee divided evenly on a President’s choice for the Supreme Court. The Senate has refused to confirm 12 previous nominees who were opposed by a majority of Judiciary Committee members. The most recent was Robert H. Bork, whose 1987 nomination was rejected 9 to 5 in committee and 58 to 42 on the floor.

Although the odds still seem to favor Senate approval of Thomas, opponents redoubled their efforts and sought to delay a floor vote on confirmation to give them more time to bring uncommitted senators over to their side.

Thomas’ supporters, in contrast, demanded a vote next week on grounds that the judge should be able to join the Supreme Court on Oct. 7, when it begins its new term.

When asked about the committee deadlock, Bush expressed little alarm. “It’ll be all right,” the President told reporters.

White House hopes for an easy confirmation had been bolstered when several conservative Democrats--including Sens. Sam Nunn of Georgia, J. Bennett Johnston of Louisiana and Dennis DeConcini of Arizona--announced their backing for Thomas.

But a surprise decision by Sen. Howell Heflin (D-Ala.) to oppose Thomas may carry added weight with Southern Democrats, who respect Heflin, a member of the Judiciary Committee who once was chief justice of Alabama’s Supreme Court.

Sen. Howard M. Metzenbaum (D-Ohio), who voted against Thomas in the Judiciary panel, said he believed the full Senate would reject the nominee if members closely examine his record, his credentials and his five days of testimony before the committee.

“Despite the confident predictions of the White House, the confirmation of Judge Thomas is not a foregone conclusion,” Metzenbaum said in a statement. “No senator should be stampeded into voting for this nomination . . . another few days do not matter when you are talking about a man who could be on the court for 40 years.”

Opponents of Thomas say they have about 40 senators lined up to vote against the 43-year-old U.S. Court of Appeals judge, who at one point had seemed likely to receive an overwhelming vote of confidence to succeed Marshall.

Among senators who have announced their intentions, 17 have said that they will back Thomas and 11 have declared their opposition.

“Today’s split Judiciary Committee vote makes clear that what was once seen as a fait accompli is now seriously in question,” said Judith L. Lichtman, president of the Women’s Legal Defense Fund, which opposes Thomas.

Just two weeks ago, Thomas had impressed the committee and the nation as he told an inspiring story of his dramatic climb out of poverty in Pin Point, Ga., to graduation from Yale Law School and appointment as chairman of the federal Equal Employment Opportunity Commission.

But Thomas, who spent weeks under the careful tutelage of White House public relations advisers, adopted a strategy that clearly irked the Democrats when he disavowed many past provocative comments.

Some committee members were incredulous when he stated that he had never even discussed in private the most controversial Supreme Court ruling of the last 20 years, the Roe vs. Wade decision giving women a right to abortion.

That “take-no-chances” strategy appeared to backfire Friday, at least among Democrats on the Judiciary Committee.

“If evasiveness before the committee is rewarded, we have warped the process,” said Sen. Paul Simon (D-Ill.), who described Thomas as undistinguished, inexperienced and not entirely honest with the committee.

“If he wasn’t willing to answer our questions, we weren’t willing to confirm him,” Sen. Patrick J. Leahy (D-Vt.) said after the vote.

But Republicans charged that, because Thomas is black, he had been subjected to a “liberal litmus test” that had not been used against previous conservative nominees.

“Unless you are part of that liberal plantation, your ideas and your thoughts and your ability and your experience and your pain and your history of growth means nothing,” said Sen. Orrin G. Hatch (R-Utah).

Hatch and other Republicans expressed confidence that Thomas will be confirmed. But their tone had changed markedly.

Until late this week, most senators and White House officials had spoken of his confirmation as a foregone conclusion. But, on Friday, both Republicans and Democrats used the word if when speaking of Thomas’ possible ascension to the Supreme Court.

If nothing else, the panel’s vote means that Thomas most likely would not join the high court until the latter part of October, at the earliest.

Committee Chairman Joseph R. Biden Jr. (D-Del.) said the panel’s report on the nomination will not be completed before late Tuesday. Under the Senate’s rules, the nomination cannot be brought up on the floor for two days after that. And the Senate plans to leave Washington next Friday for a weeklong recess.

Senate Majority Leader George J. Mitchell (D-Me.) had agreed to schedule a vote on Thomas next week, before the tie vote in committee and the determination of many Democrats to wage a serious fight against confirmation.

“He could have second thoughts,” said Sen. Alan Cranston (D-Calif.), who is leading the opposition to Thomas.

Biden was the last of the 14 committee members to announce his decision, which he described as a “very difficult, close vote.”

Although saying that his “heart” told him that Thomas “is a man of honor,” he feared that President Bush’s nominee would join an already solidly conservative court majority.

“The court is on the verge of making some truly profound changes that could reverse 40 years of progress,” Biden said as he voted against Thomas.

The Vote on Clarence Thomas

The Senate Judiciary Committee deadlocked Friday in voting on the nomination of Clarence Thomas to the Supreme Court. The nomination will now go to the full Senate without a recommendation. VOTING AGAINST THOMAS

Joseph R. Biden Jr. (D-Del.)

Edward M. Kennedy (D-Mass.)

Howell Heflin (D-Ala.)

Herbert Kohl (D-Wis.)

Howard M. Metzenbaum (D-Ohio)

Paul Simon (D-Ill.)

Patrick J. Leahy (D-Vt.) VOTING FOR THOMAS

Strom Thurmond (R-S.C.)

Orrin G. Hatch (R-Utah)

Hank Brown (R-Colo.)

Alan K. Simpson (R-Wyo.)

Charles E. Grassley (R-Iowa)

Arlen Specter (R-Pa.)

Dennis DeConcini (D-Ariz.)