Clinton Praises Blackmun for Pursuit of Justice

President Clinton lauded retiring Supreme Court Justice Harry A. Blackmun Wednesday as a man whose “identification was firmly and decisively with the ordinary people of this country,” while White House aides pondered whether the President’s legislative agenda would be derailed by putting Senate Majority Leader George J. Mitchell on the high court.

In a White House ceremony, Clinton thanked Blackmun for 24 years of service on the court, praising him for his “humanity” and sense of justice.

“Justice has not only been his title, it has been his guiding light,” Clinton said.

Blackmun’s friends often have cited his sense of justice and fairness as his strengths on the court. His critics have accused him at times of putting those values ahead of the strict requirements of the law.

Blackmun, 85, said of his time on the federal bench: “It hasn’t been much fun on most occasions, but it’s a fantastic experience which few lawyers are privileged to have. It’s not easy to step aside. But I know what the numbers are and it’s time.”

Saying that “today should be Justice Blackmun’s day,” Clinton declined to say much publicly about the process of choosing a successor, telling reporters only that “I will attempt to appoint someone of genuine stature and largeness of ability and spirit to the court.”

In a briefing for reporters, White House Counsel Lloyd N. Cutler said that the process would take “a matter of weeks” as aides pore over the records of potential candidates to ensure that they contain none of the sort of unpleasant surprises that have upended some other Clinton nominees.

While that process may take a while, aides left no doubt that it will focus, at least initially, on Mitchell. The Maine Democrat, 60, is a former federal judge. He recently announced his retirement from the Senate this year.

As he spoke, Cutler had in hand a memo prepared by his aides that covered in detail the precedents for appointing a sitting senator to the court. There have been seven such appointments in U.S. history.

“Sen. Mitchell is certainly one of the people on whom we’re doing research,” Cutler said, although he insisted that other candidates will be considered, a step that recent history would suggest is prudent. Many early front-runners for top Clinton Administration posts have seen their prospects wither following scrutiny of their employment practices or published writings or after personal discussions with the President.

Among others Administration officials indicated are most likely to get a look are U.S. District Judge Jose A. Cabranes of Connecticut, a former general counsel of Yale University, where Clinton went to law school; and Interior Secretary Bruce Babbitt, whom Clinton passed over last year in favor of his eventual nominee, Ruth Bader Ginsburg.

Several other candidates seem possible but less likely, including U.S. Appeals Court Judges Stephen Breyer of Massachusetts and Richard S. Arnold of Arkansas, both of whom Clinton considered last year, and Solicitor General Drew S. Days III, who is one of the Administration’s highest ranking black officials.

Last year, environmentalists who were fans of Babbitt objected to his nomination, fearing that they would lose a champion. This year, many of the same environmental advocates have soured on Babbitt and might be happy to see him move but their change of heart may have come too late.

Babbitt told reporters Wednesday that now is “not the time to be making a move” because of the many environmental issues facing the Administration. Senior Administration officials said that he would be considered anyway but noted that the concern Babbitt raised could be persuasive for Clinton.

Mitchell, questioned by reporters near his home in Maine, offered a characteristically laconic response. “Nothing has been offered to me, so I have nothing to consider at this time,” he said. If offered the job, “I will consider it, as I will consider any option that is presented to me.”

But White House aides left no doubt that they believe Mitchell would like the job and that Clinton has great enthusiasm for him.

“The President thinks he would be a tremendous choice, of course,” said one top aide, cautioning only that he is not necessarily the only one. Mitchell meets Clinton’s desire to appoint people to the court who have substantial experience with the problems of the real world outside the courtroom, aides noted, adding that he also could provide leadership in consolidating a centrist bloc on the court.

In addition, as a sitting senator, Mitchell almost certainly could win easy confirmation. Wednesday, the prospect of his nomination drew praise from Republicans and Democrats on Capitol Hill, with only conservative Rep. Dick Armey (R-Tex.) sounding a dissenting note. Appointing Mitchell, said Armey, would be “politicizing the court.”

Since the Richard Nixon Administration, appointees to the high court have tended to be relatively obscure federal judges. But throughout the nation’s history up to that time, many justices were former U.S. senators, Cabinet officers and governors, and one, William Howard Taft, had been President.

Nonetheless, appointing Mitchell could pose a serious problem for Clinton because of his central position in moving Clinton’s legislative program through the Senate.

Mitchell serves several roles: in addition to being majority leader, he is on the Finance Committee, where he is considered a stabilizing force against its quirky chairman, Sen. Daniel Patrick Moynihan (D-N.Y.). Both in the White House and on Capitol Hill, he is considered an indispensable participant in the process of putting together a health reform bill--Clinton’s top priority for the year.

Taking Mitchell out “would decapitate the Senate,” one Democratic congressional aide said.

On the other hand, the court’s next term is not scheduled to begin until Oct. 3 and Blackmun’s resignation does not take effect until Sept. 25--only days before the Senate is scheduled to recess for the year.

Legally, no reason exists why Mitchell could not serve in the Senate at least until then, officials said. During the Jimmy Carter Administration, Cutler noted, then-Rep. Abner Mikva served as a member of the House for months between his nomination and his confirmation to a seat on the federal appeals court here. Under current Senate procedures, a confirmation takes a minimum of 10 to 12 weeks from the date a nomination is made.

And while some officials argued that the confirmation process inevitably would distract Mitchell too much from the health care bill and other Senate business, other congressional and Administration officials said that they see no reason Mitchell could not handle both.

“If the President believes Sen. Mitchell is the best person to put on the court, the rest of this stuff can get worked out,” said a senior White House official.

One technical problem exists--the Constitution forbids appointing a member of Congress to a federal job for which the salary has increased during that member’s congressional term. Because of that, Congress would have to pass special legislation temporarily lowering the salary for the vacancy before Mitchell could take the job, a step taken last year to allow former Sen. Lloyd Bentsen to become secretary of the Treasury.

Times staff writers Karen Tumulty and William J. Eaton contributed to this story.