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Nomination Pleases, Relieves Republicans : Reaction: GOP senators praise Judge Breyer, as well as Clinton’s decision to bypass Interior Secretary Babbitt. No confirmation fight is foreseen.

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TIMES STAFF WRITER

The nomination of Judge Stephen G. Breyer was received Friday with unusual warmth by key Republican senators Friday, at least in part because President Clinton bypassed a more liberal and controversial choice, Interior Secretary Bruce Babbitt.

For the same reason, however, some liberal Democrats were more faint in their praise, expressing concern about what they perceived as his pro-business stance.

Nonetheless, Senate Judiciary Committee members of both parties predicted that the panel would recommend Breyer’s confirmation, barring some unforeseen problem. He is, after all, well known to many of the veteran committee members as their former chief counsel. Breyer held the position from 1979 to 1980, just before he was appointed to the federal bench.

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Among Republicans, none was more enthusiastic than Sen. Orrin G. Hatch of Utah, the committee’s senior Republican.

“He’s a fine man,” Hatch said. “He’s very honest, he’s compassionate, he’s got a big heart. He is an excellent legal scholar and he would make a fine addition to the Supreme Court.”

Sen. Strom Thurmond (R-S.C.), another longtime influential panel member, said he, too, was pleased by the choice.

“I have had the opportunity to work with Judge Breyer and have been impressed by his intellect and knowledge of the law,” Thurmond said.

Some of the first words of caution among Democrats came from liberal Sen. Howard M. Metzenbaum of Ohio, who said he was concerned about some of Breyer’s judicial decisions affecting small businesses and in antitrust cases.

“I have some questions about Judge Breyer’s interpretation of our nation’s pro-competition laws . . . and I plan to question him about those issues at his confirmation hearing,” Metzenbaum said.

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But he added, “I expect him to be confirmed, barring any surprises.”

The Democrat most effusive in his praise was Sen. Edward M. Kennedy, who called him “a brilliant legal scholar with a profound understanding of the law.” Kennedy first recommended Breyer to the White House last year before Clinton settled on Ruth Bader Ginsburg for the first court vacancy of his presidency.

Kennedy also cited Breyer as “a skilled consensus builder who will be enormously influential and effective” on the high court.

Sen. John Kerry (D-Mass.), who along with Kennedy represents Breyer’s home state, was as enthusiastic as Kennedy, calling the jurist “a superb choice.”

Clinton, obviously pleased at the bipartisan satisfaction with his choice, told reporters at the White House: “He’s gotten Sen. Kennedy and Sen. Hatch together. I wish I had that kind of political skill.”

Sen. Joseph R. Biden Jr. (D-Del.), chairman of the Judiciary Committee, said he would attempt to hold hearings soon, perhaps by July, so Breyer could be confirmed in time to begin the court’s fall term in October.

Senate Minority Leader Bob Dole (R-Kan.) commended Clinton for selecting “a top-notch intellect and a person of integrity.” Dole predicted “smooth sailing” for the nomination “unless something unforeseen happens.”

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Sen. Dan Coats (R-Ind.) said Breyer’s “training and experience offer promise of a thoughtful approach to the issues facing the Supreme Court.”

“I am relieved,” he added, “that the President did not appoint his anticipated choice, Interior Secretary Bruce Babbitt.”

Babbitt had been roundly criticized by Hatch and other Republicans as too liberal and too political for the court, which is narrowly divided along ideological lines.

Expressing the same sentiment, Sen. Phil Gramm (R-Tex.) said he was pleased Clinton had nominated “a distinguished jurist instead of a politician.” Gramm said he would wait until confirmation hearings are complete before reaching a decision on Breyer’s qualifications.

On the same theme, Sen. Charles E. Grassley (R-Iowa) said in a statement, “I am relieved that President Clinton’s choice is an individual with judicial experience and who understands the limited role of a judge in our democracy.”

Grassley noted that Breyer “was well received on both sides of the aisle during his service in the Senate.”

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Sen. Dennis DeConcini (D-Ariz.), who previously pointed out that his family and Babbitt’s were early pioneer families in their home state, praised Clinton for “a wise decision.”

Speaking of Breyer, DeConcini said, “He’s not as liberal as some of the other candidates or potential candidates.”

Sen. Herbert Kohl (D-Wis.) also cited Breyer’s record as a moderate, saying, “You can’t pigeonhole him as either a liberal or a conservative.”

“I believe he can be a justice who strengthens the court,” Kohl said. “And he won’t be a nominee who divides the Senate.”

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