Mon, 11 Apr 1994

Clinton gets chance to leave Supreme Court imprint

By James Vicini

WASHINGTON (Reuter): President Clinton gets a second chance to leave his imprint on the Supreme Court with the resignation of Justice Harry Blackmun, the court's most liberal member, famous for his abortion rights ruling.

Although Clinton's selection may not cause much change in the ideological makeup of the nine-member court, it could have a long-lasting impact by helping to prevent any further shift to the right.

The Clinton administration had long been aware that Blackmun, 85 and the author of a landmark 1973 decision legalizing abortion, known as Roe versus Wade, probably would be the next Supreme Court justice to leave the bench.

Top administration officials for months have been quietly considering possible replacements. But an administration official said Clinton was not prepared to name a successor when Blackmun announced his resignation as expected Wednesday.

Sources close to Blackmun said he gave the White House advance word of his decision that the time had come for him to leave the court. His resignation takes effect at the end of the court's term in June.

Clinton so far has won praise with his first Supreme Court appointee, Ruth Bader Ginsburg, a moderate judge who in October became only the second woman justice.

While Ginsburg has only participated in about 25 decisions so far, she has helped solidify the moderate-centrist bloc on the splintered court.

The court's two most liberal members are Blackmun, who was appointed by President Nixon, and Justice John Paul Stevens, named by President Ford.

The moderates on the bench consist of Justices David Souter, named by President Bush, Justice Sandra Day O'Connor and sometimes Justice Anthony Kennedy, both appointees of President Reagan.

On the court's far-right conservative wing are Chief Justice William Rehnquist, who was elevated to his court post by Reagan, Justice Antonin Scalia, a Reagan appointee, and Justice Clarence Thomas, a Bush appointee.

Clinton administration officials said they realise that a Supreme Court appointment represents one of the most important personnel decisions that a president can make.

Once confirmed by the Senate, a justice has lifetime tenure.

Among the possible candidates for the Blackmun vacancy are Senate Democratic leader George Mitchell of Maine, who has announced his retirement, New York Governor Mario Cuomo, Solicitor General Drew Days and a number of judges around the country.

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