Byrd Says Panel Won’t Bottle Up Bork Nomination

WASHINGTON — Senate Majority Leader Robert C. Byrd (D-W.Va.) said Tuesday that he will vote to let the Senate decide on the nomination of Robert H. Bork to the Supreme Court and not let the Judiciary Committee block the President’s choice for the post.

“I have not made a decision on this nomination,” Byrd said. “But I will vote to report it out of committee.”

Byrd’s refusal to participate in any attempt to bottle up the Bork nomination in committee made it virtually certain that the panel, with eight Democrats and six Republicans, will allow the Senate to make the final decision.

Even if Bork, named to succeed retired Justice Lewis F. Powell Jr., is not approved by the committee, his nomination could be forwarded to the Senate without a recommendation or a recommendation that the Senate reject the nomination.

Byrd said: “I hope to see this nomination . . . in this court right here. I think Mr. Bork is entitled to a judgment right here,” adding that he also hoped the Senate would not become so polarized on the nomination “that this will become a litmus test of party loyalty.”

Byrd, responding to an “observation” by Republican leader Bob Dole that President Reagan could give Bork a recess appointment if the Senate does not vote on the nomination, indicated that he would take steps to prevent such a move.