Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 13, 1994 TAG: 9404130118
SECTION: NATIONAL PAGE: A1 EDITION: METRO
SOURCE:
DATELINE: LENGTH: Long
The Maine Democrat said he pulled out because he feared his nomination would jeopardize prospects for steering health care and other Clinton administration programs through the Senate.
"I believe there exists a rare opportunity to achieve comprehensive, meaningful reform of our health-care system this year - and I don't want to do anything that might detract from that effort," Mitchell explained at a news conference.
Later, Clinton, calling Mitchell "my leading candidate," saluted him for selfless patriotism in withdrawing as a contender to replace the retiring 85-year-old Justice Harry Blackmun.
Clinton said he told Mitchell, "I'd like to appoint you to the Supreme Court, if you think we can do our job here this year." But the majority leader replied, "the timing is not good," Clinton said.
Clinton said Mitchell's "leadership role is crucial" to passing health-care legislation.
Mitchell's withdrawal leaves Clinton without the type of Supreme Court candidate he is believed to seek: A moderate-to-liberal who has achieved success in both law and government and who has demonstrated superior political skills in forging consensus out of discord.
Both Mitchell and Interior Secretary Bruce Babbitt possess those qualities, but both have taken themselves out of the running.
Clinton's current list of prospects includes U.S. Solicitor General Drew Days III and several judges: Richard Arnold of Little Rock, Ark.; Stephen Breyer of Boston; Jose Cabranes of New Haven, Conn.; Judith Kaye of New York; and Amalya Kearse of New York City. If Clinton puts a high priority on diversity, he could turn to Cabranes, a Hispanic, or to Days or Kearse, both of whom are black.
Mitchell said he pondered what to do for several days, then met with Clinton on Monday night at the White House to inform him of his decision.
``He (Clinton) told me he wanted to appoint me to the court, that he intended to appoint me to the court,'' Mitchell said, ``but that he was concerned, as I was, about the prospect which the nomination would (have on) my ability to serve as majority leader for the remainder of this session.''
Mitchell said the president asked him to sleep on it overnight, then called him Tuesday morning and ``repeated that it was his wish to appoint me to the court (but) that he was concerned about health care and other matters, and he accepted my assessment of the situation ... and therefore reluctantly agreed (not to nominate Mitchell).''
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The majority leader's decision appeared to reflect a change from a view he expressed last Wednesday in Maine. At that time, Mitchell said his appointment would not pose an obstacle to health-care legislation, according to a Boston Globe report.
By Sunday, though, Mitchell began shifting his position. ``I am very strongly committed to enactment of a health-care reform bill this year as well as a crime bill and a welfare bill and a campaign finance reform bill,'' he observed on CBS' ``Face the Nation.''
``We have a very heavy and busy legislative agenda ahead,'' Mitchell continued. ``These are matters on which I've worked for many years and I want to play a role in bringing them to enactment. And that will be a factor that I will consider ... if need be.''
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Though regarded as a tough Democratic partisan in the rough-and-tumble policy fights in the Senate, Mitchell is highly respected by most of his Republican colleagues. That fact made him almost certain of being confirmed for the Supreme Court seat with minimum difficulty.
Consequently, his decision to withdraw stunned many colleagues in both parties and provoked some speculation that Mitchell may have had an undisclosed reason for turning down the nomination.
``It's really too bad; he would've been an excellent justice,'' said Sen. John C. Danforth, R-Mo., a leader in the Senate struggle to confirm conservative Republican Clarence Thomas for a Supreme Court seat three years ago.
``I was very sorry to hear he pulled out,'' said Sen. Orrin G. Hatch, R-Utah, who frequently has battled Mitchell in fiery Senate debates. ``He's a class guy. And I frankly think he could have served effectively as majority leader and gone through confirmation without too many distractions. Some of us would have helped him out with that.''
But Senate Minority Leader Bob Dole, R-Kan., sympathized with Mitchell's anxiety over holding a Democratic coalition together for the president's programs.
``He's got an awesome responsibility here,'' Dole said, ``and I think it would have been very difficult for him to get things done, especially when he has to play hardball at times.''
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Democrats had hoped Mitchell would bring some practical political experience to the court, along with liberalism to counter some of the conservative justices appointed by Presidents Ronald Reagan and George Bush.
``He would have been a very effective counterbalance to Justice (Antonin) Scalia on the court,'' said Sen. Howard M. Metzenbaum, D-Ohio. ``His withdrawal is a blow to the quality of justice in America.''
White House Press Secretary Dee Dee Myers said the president was so impressed by Mitchell's selfless decision to withdraw that he ``came away with even more respect'' for him.
``If there's another vacancy on the Supreme Court, I think you can count on Sen. Mitchell being considered,'' Myers said.
There remains a possibility that Mitchell, after completing his current Senate term, may become commissioner of Major League Baseball, although he said Tuesday that baseball, which he loves, did not influence his decision to withdraw as a candidate for the court.
Recently, Mitchell said he was reminded that as baseball commissioner, he would have to deal with 28 club owners with big egos.
Mitchell said he replied: ``Well, for me, that would be a 72 percent reduction.''
``This country needs more people who devote themselves not only to what they would like to do, but what they think the country needs,'' Clinton said. ``His leadership role is crucial''
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