News Scrapbook 1988

New Yori<, NV (New Yori< Co.) w 11 Sir I Journal (We tern Edlllon) (Cir. 5xW, 426,863)

New York, NY (New Yori< Co.) Wall Street Journal (Western Edition) (Cir. sxW. 426,863)

JUL 25 1988

SieganWol'ksJ)nBook- (Continued from Pa~¢

JUL 25 1988

lREVIllEW & OU'flLOOI ')J')>5 Out of the Mains ream

JUL ? 5 1988

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constitutional end "environmental and economic regulations such as zoning are unconstitutional." "I never said that. I said zoning should be subJected to a higher level of scrutiny when I wrote that. And it is subjected to a higher level now. There's been a change in the law through some Supreme Court decisions. I was right. There's been a sudden shift on the Supreme What if the public decides it's not comfortable with that shift? Didn't the constitution's framers' intend to allow the public at least the limited chance to occasionally redirect the courts through the public's ability to elect repre- sentatives who will approve only politically acceptable nominees? (After all, how much opportunity Reagan would have to rework the court was a main point of discus- sion when Reagan faced reelection, not a secret or a pejorative. l Siegan responded that the way to change the direction of the Supreme Court is to take a case to the court and present stronger arguments than before as to why the court should interpret the law differently. He said the Senate should measure only nominees' fairness, integrity, dedication to duty and temperament. Siegan said the experience hasn't embittered him. "Well, I'm not happy with (the outcome), but that's the will of the political pr • cess, what can I do? The process worked its will not to my liking, I respect it. I think as I look at it, I'm happy in some respects. I was look- ed at with intense scrutiny (in• eluding by the FBI). Everything I've ever written was looked al. My business dealings. I was asked about my fairness. What kind of person I am. ... Nobody accused me of unfairness, character problems or moral problems. "I considered pulling out, sure, at one time, but if I did people might say, 'maybe they found out something about him, maybe he didn't pay his truces or he cheated. I thought it would leave questwns unresolved. I felt the Senate owed not only me but everybody an an- swer why I was not suited. I don't agree (with the committee), but in many ways I'm satisfied." ,. His denial, ong forecasted, nat- urally "didn't come as that much of a shock. I continued with my activ- ities. I would say for a little bit I was upset." He didn't give any in- terview for a week and this is his first. He said he didn't feeI comfor- table publicly talking much about himself. The day of the rejection, the Jus- tice Department told hi he was on the committee' agenda. So, about 1:80 in the afternoon, mean- ing about 4:30 p.m. in Washington, he called the Justice D ~IUlf:*~= from a pa - 1 ·ac e a Los Angeles restaurant. "They said you've been rejected. I was given a little description." He says he went inside and had ~is meal. / "I won't say what I ate."/ Court this past year."

don't like you and that's it," he

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He acknowledged that "there is something to be said of my lack of experience" - he has never served as a judge. Yet, he said, "some oth- er big" names received judgeships without experience: U.S. Supreme Court justices William 0. Douglas and Felix Frankfurter and Wash- ington, DC., circuit court of ap- peels justices Ruth Ginsberg and Patricia Wall. The latter two "the Democrats themselves put on," he said. To the suggestion that the Rea- gan administration could have neutralized the impact of political opponents and interest groups by mobilizing its own troops, Siegan said, "That sounds good," but it simply didn't happen. "The people on the right, Libertarians and so on, simply haven't organized. Very few people wrote letters," and peo- ple from the left seem to get more favorable treatment from the press. To the notion that Meese and Reagan might have been too preoc- cupied with their troubles, Siegan said only, "I couldn't guess on that." His association with Meese "may have hurt, sure, but I don't know." Siegan said there's a difference between "scholarly positions" and actual positions, that the commit- tee didn't appear to consider this difference and that in doing so it took the risk of chilling scholarly writing. In his frequently published "scholarly position," he said, he would recall what the framers of · the constitution intended. An ac- tual position, on the other hand, would be what Siegan would in- tend - and as a judge, he claimed, he would have bound himself to applying what current law intend- ed. "As a scholar, I'm kind of a mes- senger, as you are, saying what the framers said. It was taken (howev- er) that these were my opinions. I gave mine, too, yes, hut I guess they didn't believe me. I told ever- ybody that as a judge I would sim- ply try to enforce the laws as they are written. I would no longer be telling the story of the framers. "You ind of get the impression that the politicians wer,, r"ally responding to pressure groups." • The American Bar Association's board, he said, unanimously found him qual ified. "They don't go on ideology. They go on if someone is dedicated to a job, has the ability and is of even temperament. What do you want a judge to be? A perfect thinker? A thinker who satisfies Senator (Edward) Ken- nedy, who for many may not be in the mainstream?" He agreed, of course, that he's politically conservative. Maybe not as conservative as some opi:onents may have implied, he said; but conservative.

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ieganW rks On Book AboiifHis Judicial Quest lViil Discuss TTeatment, Including 'Hostility'From 18-Month Senate Review

have law professors who have the freedom to wrtte what they choose, even if their views are very PxtrPme-and I think his en you come to the critical question of what he would do as a Circuit judge, I am satisfied-and there was very close ex• amination by Sen. DeConcini on this is· e would follow the Supreme Court rulings. I don't think he has any choice in any event, and I think he would If we were considPring Prof. Siegan for the Supreme Court of the United States, I think my judgment would probably be dif· ferent, but we would have much more ex- tens·ve consideration of him than we have had for the Circuit Court. A related editori~ppears today. th h sue- at follow. have been extreme. Wh

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Sen. Arlen Specter (R., Pa.), plaining his support for Judicial nomi• ne Bernard S1egan at a July If rncct· mg of Ille Judiciary Committee: I intend to vote in favor of Prof. Siegan because I believe that for a cfrcuit Juage e possesses the requisite qualifications. There are many examples where profes· sors have made outstanding judges, espe· cially on Appellate courts, so that It seems to me that his background is adequate for I am concerned about some action that the Senate has taken, properly so, in this past year which may raise some questions or have some chilling effect on professorial writings. And I disagree with what Prof. Slegan has wrttten; I think that he is wrong on his legal interpretation. But I be· lieve that it is worthwhile in our society to h the position.

w r then dusty Ideas on private prop· erty in his "0th r People's Property." This was follow d by "Economic Lib· ertle and the Constitution" m 1980. H argued that the Founders through th Fifth Amendment takings clause and th contr cts claus of Article I mtended to protect economic rights to th full extent of all civil rights. "T Ing" of property, he argued, lsl''t con In d to seizing someone's land to build highway, There also can be " regulatory takings," where bur aucr ts effectively take away prop rty value throu h overly burden· ome zoning or environmental regula• tlons. The uprem Court has upheld the an vi w in everal cases. In Nol· lnn v. Cult o rn Coastal Com,mssion alifornla had tried to withhold per· mi Ion for homeown r to build an ddltlon to hls b ach h u • unless he gr nted a publlc right of way. The high court said this was a taking ca· mouflaged as r gulatlon and that it requlred com nsatlon. In another cas • the court ruled that the govern· ment mu t compensate for de ays while takln are challe ged. These decisions are rrulest s In the mov back to the pr • 'e Deal era when economic rights got the same prot ctlon as other civil Uber· ti s. The government 1s now on notice that r gulat101 s that limit how prop- erty can be u ed also can require compensauon. Th r are suits against the federal gov rnment ln the Court of lalms for som $1 billion for such regulatory takings. Many are the re• suit of unnece sarlly dracoman regu• la tions by the EnvlronmPntal Protec· lion gency. Presid nt eagan's Executive Or· der 12630 requires a "Takings Impli· cation Analys " before federal regu• lators affect private property and thereby risk "undue additional bur· dens on the public f1sc." Attorney General Mee Issued a thick stack of guidelines for all agencies to follow. States and localities would be wise to adopt similar rules to make sure they don't saddle their taxpayers with bills for takings. We have not heard the last from Mr. Siegan. H plans to keep teaching and writing on economic rights. H al o plans a hook on his experience with the Judiciary Committee. This might again mean debating a blank wall. But the mwilllngness of the Sen· ators to enga.g in a publlc discussion of econormc l!ivil rights and their rea· sons for r Jecting .Mr. Siegan probably tell us as much about their positions as we'll ever need to know. -----

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Van Nuys, CA (Los Angeles Co.) Daily News (Cir D. 132,9361 (C,r. Sat. 119,818) (Cir S. 152,512)

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E,r, I 88,,!

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2-LA. LIFE/ Ti :uiWAV. JU. Y 28, _1988 / D.AJLYNEWS

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:::, eg.t 1 who aid he's a fnend of both outgo 11g Attorne) GenPral Edw1r. M ese and fullen U. Suprc ne Court nominee Robert Bork made 1t clear he ~till disagre s Y.i h the Senate Judicia- ry omnutte£' s 8-6 party-line vote, attributes th£' rejection strictly to partisan pd1t1c and says that the y tern fat when it selects judges , 1 d on their political views in- t •ad of on their temperament, de c tionai d knowledge of law " t 1!:lk t e process has really bt nt quite a bit - to its max- when people say they (Continued on Pa ·3AJ

By SUE REILLY

ON THE BEAM A OU) !11'.M : s not, to our amazement, a grandmother with no insides. It is a photographic film or r,late that is a ord of the light w interference pattern of an object illuminated by a split coherent beam of light, such as a laser beam. But, of course, you knew that. If you would like to join a class and learn how to do it, the Learning Tree University in association with the Los Angeles School of Holography will offer a three-day workshop, beginning Friday at the Learning Tree .. · · ~n92Q Knapp St,

BOOTYSHAKE2 1IIEY "RUN" out of the water, wiggle their tails in the sand, deposit up to 3,000 eggs and they're off. lJltit::;:,, V; \NW,._;,-you bare hand these little disro darlings. The grunion are running Friday at Cabrillo Beach, and those with quick reactions, agility and a fishing license can catch them, but only by slight of hand No nets, spears or hooks, please. Cabrillo's grunion program, sponsored by the Depanment of Recreation and Parks, begins at 9 p.m. and includes films, lectures, exhibits - and the grunion grope. For more information, call (213) 548-7562, CREEPSHO\V FOR 1HOSE into 18-foot dragonflies and 20-foot caterpillars, enormous spiders, and other giant insects, lovingly recreated in wood sculpture, the Natural History Museum currently is displaying Yoshinori Shimazu's colossal insects in the Ralr,h M. Parsons Discovery Center at 900 Exposition Blvd. •in Exposition Park. We obviously have no input into what the museum selects to showcase, othetwise it would be showcasing race cars and couturier instead of big bugs, but those who do input say these Shimazu insects are exquisite. Admission is $3 for adults, $ 1.50 for seniors and students, $.75 for children ages 5 to 12 and free for museum members and children under 5. Go on the first Tuesday of the month. That's when everyone gets in free. ·

Escondido CA (~an Diego Co.) Times Advocate (Cir. D. 45 900) (Cir. S. 47,000)

During the battle, it became a published fact that Siegan had written that zoning was un-

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JUL 2 8 1989 Jlll~" ~ p C B

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1888

Foo b II finale is Saturday for QB By Terry Monahan 11.Ef 'j 'J ~-=-.u::=11111a.._ Very few showed up, though. 1 ' "' ·,,-- '"I guess since I was a one-year 11 ju111or at quarterback. they thought it was a

)p will include . of setting up a ,oratory, a mities discussion, ve text and a age of holograms. II be given ling for their $450 ment is limited to

fluke or wanted to see me play an- other year or two at junior college," said Gousha. 17. "I played a little as a sophomore on the junior varsity and very little as a junior. '"Honestly, I was disappointed at the whole thing." Gousha's statistics show whv he was disappointed. He completed almost fi6 percent of his passes, hitting 156 of 280 for 2,317 yards just 46 yards short of the school record set tlie vear before bv Duffy Daugherty. who signed with New .\lexicu and 20 touchdowns. He was intercepted just eight times. Gousha, who also rushed for five touchdowns, was a first-team All- Palomar League selection and was honored with a second-team berth on the All-CIF squad. Orange Glen finished in a third• place tie with Vista and was 6-3-1 in the regular season under first- year Head Coach Dave Lay. The Patriots were oust eel from the 3A Please see Gousha, page C3

1tion, call (818)

exercise vigorously three not only feel better lier, they ~re •,exual desire according to ,se • 1 University_of n Diego.

Sean Gousha Starting in All-Star Classic

After he became the third tra1ght Patrwt quarterback to pas for more than 2,000 yards, Guu~ha (pronounced (:oo~shay) thought l'Ollcge recruiters would come trcaming onto rnmpus.

. you'd like to

Sean Gousha, No. 12, has been selected to play in Saturday's College Prep All-