Mitchell Pulls Out of Running for High Court

Senate Majority Leader George J. Mitchell withdrew as a candidate for the Supreme Court on Tuesday in a stunning announcement that focused White House attention on racial minority candidates to replace retiring Justice Harry A. Blackmun.

Mitchell (D-Me.) said he had come to believe that nomination would distract him from efforts to champion President Clinton’s health care plan and other initiatives in Congress before his scheduled retirement from office next year.

Appointment to the court would have been “a major complicating factor,” said Mitchell, who had been Clinton’s leading candidate. He added that “it’s tough enough to get anything done here.”

The new White House emphasis on finding a minority candidate is likely to propel additional names into the mix of prospects, possibly extending the search to the end of this month or longer.

“Diversity is something I think the President will take a very careful look at,” said one senior White House official. “It’s not to the exclusion of other qualifications, of course, and it will not be the only thing, but diversity is important to him.”

Several minority candidates were on a short list of potential appointees that Clinton’s advisers discussed with him Monday. These included U.S. District Judge Jose A. Cabranes of Connecticut, who would be the first Latino nominee, and U.S. Solicitor General Drew S. Days III and federal appeals court Judge Amalya Kearse of New York, both of whom are black.

Days would face some controversy because of stands he has taken as solicitor general--the government’s top advocate before the high court--particularly a position he took giving a narrow reading of a federal anti-pornography law.

But that position “can be fully explained and defended,” the senior official said. “It would not be a deterring factor.”

However, the official added, the President may want to go beyond the existing list and “have a little broader group of people.”

In particular, some Latino advisers to the Administration, as well as some liberal groups, have suggested that the President consider other potential Latino candidates beyond Cabranes. Among the names that have been suggested are Vilma Martinez, a prominent Los Angeles attorney and former president of the Mexican American Legal Defense and Education Fund, and Secretary of Transportation Federico Pena.

The 51-year-old Martinez, who was born in San Antonio, has support among activists in Texas and California. In addition to her work with MALDEF, she has chaired the Board of Regents of the University of California.

As a judge, Cabranes’ record has been moderately conservative on some issues and the fact that he was considered for the court by the Bush Administration troubles some liberal groups.

Discomfort on the part of liberals could actually be a plus in the eyes of Clinton, who has tried periodically to distance himself from the party’s traditional liberal constituencies. A more serious problem, however, could be coolness toward Cabranes on the part of Latino organizations dominated by Mexican Americans or those with ties to Central America. Supporters of his nomination attribute this coolness in part to his Puerto Rican heritage.

A different kind of diversity--geographical--has been fueling a behind-the-scenes campaign on behalf of federal appeals court Judge Richard S. Arnold of Little Rock, Ark. The legal profession holds Arnold, a 15-year veteran of the bench, in high regard.

In addition, Arnold’s supporters argue that Blackmun’s departure leaves the court with no member from the section of the country between the Mississippi River and the Rocky Mountains. Such geographic considerations traditionally have been considered by presidents. But even Arnold’s supporters concede that in the current political environment, Clinton would encounter difficulties in appointing a justice from his home state.

“Arkansas has become a stigma,” said one leading Arnold supporter. “That’s where the political problem lies and that’s a lot of the problem.”

In public comments Tuesday, Clinton acknowledged that Mitchell had been his leading candidate and said that Mitchell’s role in the Senate on behalf of his domestic agenda is crucial.

Speaking to leaders of nonprofit groups, Clinton quoted Mitchell as telling him: “ ‘I’m only sure of one thing--I cannot imagine that the impact would be good.’ ”

Clinton said that he wanted to thank Mitchell “on behalf of the country, for forgoing a great personal opportunity.”

Mitchell’s possible selection had drawn some criticism because of a constitutional clause that bars lawmakers from taking a federal job after voting to raise the job’s salary. At his press conference, Mitchell said that this so-called “emoluments clause” was “not a factor” in his decision.

Dee Dee Myers, the White House press secretary, said that Clinton and Mitchell had discussed this possible snag, along with other potential complications.

Mitchell said that he would consider any later offer of a Supreme Court job. He was even more positive on another job for which he has been frequently mentioned--baseball commissioner. “I believe I would enjoy serving as commissioner of baseball, if that opportunity arises,” he said.

Mitchell first talked to Clinton about the appointment in a meeting at 6 p.m. Monday at the White House residence. Mitchell told him of his concerns and showed him a copy of a statement he had drafted announcing his withdrawal.

The two men agreed to reflect on the decision overnight. But when Clinton called Mitchell about 8:15 Tuesday morning, both agreed on the risks an appointment would pose to the legislative program and Clinton “reluctantly agreed” with Mitchell’s decision, Mitchell said.

He said that the two men did not discuss whether Mitchell could be chosen for a later Supreme Court opening. But White House officials said that possibility remains open.

Several senators said they agreed with Mitchell’s conclusions that the nomination could have proved a serious obstacle to his efforts to get a health reform bill through the chamber by the beginning of October.

“The Senate is really much better off,” said Sen. Dianne Feinstein (D-Calif.). “We’ll have his leadership for the rest of the year.”

Times staff writers Michael Ross, Karen Tumulty and Ronald J. Ostrow contributed to this story.