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Selection of Breyer as Nominee to High Court Seems Imminent : Judiciary: Federal judge meets with Clinton at the White House. The President was said to be impressed after their first face-to-face meeting.

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TIMES STAFF WRITER

The selection of U.S. Judge Stephen G. Breyer as the first Democratic Supreme Court nominee in a quarter century appeared imminent Friday as the federal appeals court judge came to Washington for his first face-to-face meeting with President Clinton.

Breyer’s selection seemed more likely because Clinton had summoned him only half a day after he had checked out of the Boston-area hospital, where he was recovering from two cracked ribs and a punctured lung he suffered in a bicycle accident.

Clinton did not immediately offer Breyer the job, and Dee Dee Myers, the White House press secretary, cautioned Friday afternoon that Clinton had not made up his mind “as of now.” Clinton will conclude his deliberations “on his own timetable,” she said.

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Myers said that Clinton “felt good” about Breyer, 54, after their first encounter. “He’s a very impressive fellow.” She said that the two had discussed a wide range of subjects over a White House lunch.

Clinton, who has been considering Supreme Court candidates for three months, hopes that a widely acclaimed selection will help him reverse his political fortunes. The choice will provide him a first chance to begin redirecting a court that has grown increasingly conservative as Republican presidents have named 10 justices in the last 26 years.

It appears that Breyer, generally praised by both liberals and conservatives, would enable Clinton to avoid a confirmation fight while he struggles to win approval of his legislative agenda.

As the week began, Clinton appeared ready to name Interior Secretary Bruce Babbitt. But the momentum for the former Arizona governor waned as Democrats argued that he would be worth more in the Cabinet and conservatives warned that his liberal views could cause problems in Senate confirmation hearings.

Breyer appeared tired as he arrived at the White House and was in some discomfort, according to an aide, for what may have been the most important meeting of his career. Because of his injury, he was unable to fly. Instead, he was driven to New York, and from there took a train to Washington.

Breyer planned to stay overnight in Washington. White House aides earlier had said that a nomination announcement could come today, but Friday evening they said they had no immediate plans for an announcement.

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Clinton’s meeting with Breyer took place in a dining room next to the Oval Office. Breyer had consomme and crab cakes, while Clinton had clam chowder and linguini. Later, Breyer met with White House Counsel Bernard Nussbaum.

Myers said that Vice President Al Gore has been “very closely involved” in the search for the court nominee and may also have met Breyer. She said Hillary Rodham Clinton has been “less involved” and did not see him.

Appearing in Texas for a bill-signing ceremony, Babbitt talked as though he was prepared to hear that another candidate had been chosen. Asked if environmentalists had undone his nomination by arguing that he should be kept at the Interior Department, Babbitt said the question was “kind of interesting.”

“You know, I can handle my enemies,” he said. “But I have a hard time fending off my friends this time around.”

Babbitt told reporters that he was sure Clinton would make a decision “very shortly. I’m perfectly content whichever way it goes.”

Breyer is generally considered liberal on personal liberties issues, such as abortion and free speech and more conservative on regulatory and criminal justice issues. He has served as a Harvard Law School professor, as chief counsel to the Senate Judiciary Committee and as an assistant prosecutor for the Watergate scandal during the Richard Nixon Administration.

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Breyer made friends on both sides of the aisle during his stint with the Judiciary Committee in 1979 and 1980. Some of those friends have continued to praise him as Clinton’s deliberations have continued.

Sen. Orrin G. Hatch, ranking Republican member of the committee, on Friday repeated his praise of Breyer, calling him “a person who is intellectual, very learned in the law” and who has “an excellent record as a jurist.”

Sen. John Kerry (D-Mass.) called Breyer an “outstanding” judge and said that he would be “very confirmable.”

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