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Opposition to Babbitt as Justice Is Assessed : Supreme Court: Clinton sounds out senators on their reaction to possible nomination. Interior secretary is believed to be top choice.

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TIMES STAFF WRITER

President Clinton on Wednesday sounded out senators about a Supreme Court nomination of Bruce Babbitt, amid signs that he may end a five-week search today by choosing among the Interior secretary and federal judges Richard S. Arnold and Stephen G. Breyer.

As Clinton sought to gauge lawmakers’ opposition to Babbitt--probably the most liberal of the trio--some senators and Administration officials said that they believe Clinton is inclined to name the Arizonan. However, some White House aides, noting that Clinton often had made liars of those who tried to divine his choices, insisted that Arnold and Breyer remain strong contenders.

One aide said that an announcement is “likely” today.

Clinton spent much of Wednesday making telephone calls from the Oval Office and the White House residence in an effort to gauge the strength of support or opposition to the candidates and White House aides did the same. By early evening, however, the President had spoken to none of the candidates directly nor had any visited the White House.

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Clinton met with First Lady Hillary Rodham Clinton on Wednesday afternoon and at 5 p.m. summoned Chief of Staff Thomas (Mack) McLarty and Counsel Lloyd N. Cutler for a 2 1/2-hour meeting.

The nomination seemed to be boiling down to a question of how much controversy Clinton would be willing to endure at a time when his health reform bill is mired in Congress, his foreign policy is under fire and his poll ratings are in decline.

In their talks with senators, Clinton and his aides were trying to judge whether the objections Republicans surely would raise to Babbitt over his Western lands policies could open up a broader review of his record and turn even some Democrats against him. Among other moves, Babbitt has angered Western business interests by advocating higher mining and grazing fees.

Sen. Orrin G. Hatch (R-Utah), the ranking minority member of the Judiciary Committee, has indicated that he would challenge Babbitt’s record, and Republican Sens. Alan K. Simpson of Wyoming and Hank Brown of Colorado are expected to join the critics as well.

Some congressional aides noted that Hatch is facing reelection this year and has been criticized by some conservatives as taking too conciliatory a position on Administration nominations--two factors that might sharpen his attacks on Babbitt. Some aides also contended that even some Democratic support for Babbitt is tepid.

There was agreement, however, that Clinton probably would win a Babbitt confirmation by a lopsided vote.

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One key aide predicted that the proceeding would not be as smooth as last year’s confirmation of Justice Ruth Bader Ginsburg, “where they sat back and let it happen.”

Other Democrats who favor a Babbitt nomination suggested that Clinton should persevere, contending that he cannot afford to let it appear that Hatch and the Republicans have a veto over his Supreme Court choices.

“He’d really look like a weeny if he backs down now,” said one liberal advocate. And some suggested that Clinton actually has an opportunity to win political points if he takes on a controversy over Babbitt--and wins.

One potentially important voice of support came from Sen. John McCain, the Arizona Republican, who called Babbitt “one of the most thoughtful, intellectual individuals I’ve known on the political scene” and “an ideal member of the Supreme Court.”

Some also asserted that the support of a home-state senator from the opposition party could help deflate opposition to Babbitt from other Republicans.

Times staff writers Melissa Healy, Ronald J. Ostrow and Karen Tumulty contributed to this story.

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