News Scrapbook 1988

p~llate court nominee denies activism '3 mine what the law and facts are," of the decisions by the Supreme

San Francisco, CA (San Francisco Co.) Chronicle (Cir. D. 630,954) (Cir. Sat. 483,291)

S Ill D1 .!JO, CA (S,lll Di •go Co.) S, 11 D1 '!J > Union (Cir. D. 217,089) (Cir•• 41,840)

Court," Pierce said. While Siegan's writings are "both revealing and pro- vocative," he added, he "knows the difference between academics and his duties as an appellate judge." Siegan also was strongly endor ed by Sen. Orrin Hatch, R-Utah, who said the nominee's devotion to legal precedent and his legal scholarship "would be a great benefit to the Siegan was challenged by Metzen- baum, who said "being conservative is not the issue. Being a conservative judicial activist is the problem." "I do not regard my elf as a judi- cial activist," Siegan told Metzerv"'i baum. "It would be contrary to my ·oath. it would be a direct violation of Ninth Circuit." cedent unless his conscience prevent• ed him, in which case he would re- Metzenbaum persisted, saying: ''Frankly, I am concerned that if you are confirmed, you will find ways to implement your views." Metzenbaum told Siegan he would review his record but warned that he saw "great nsk to our system of jus- tice to confirm someone who 1s op- posed to so many principles that are crucial" to basic civil hberties. / sign. tions ahead of the US. Suprem Court's." Siegan repeated a pledge he had

'That's

the senators.

told

Siegan

to ~he com-

cons1cra able 1m1larit mittee 1, armg

what I have been doing close to 20 figuring out what the law is. I don'I know that it would be helpful in my being able to make motions to have argued cases in court." Leahy, who was chairman of the hearing in the absence of Sen. Joseph Biden, D-Del., who 1s recovering from surgery, told Siegan "that total lack of experience in federal court is a question to be considered." Siegan prc1cticed law for most of the time after his graduation from the Chicago University Law School in 1948 until he moved to San Diego in 1973 and for sever I years ft r years - areas of real estate and business law. He conceded that he bas never han- died a case or written about criminal Leahy said occupy much of the time of the San Francisco-based appeals Samuel Pierce, secretary of Housing and Urban Development and the only black member of President Reagan's himself, Pierce said Siegan "would do the right thing (on the court) be- cau e he has the legal background." "As an academician, Bernard iegan has taken exception to some Cabinet. A former law professor the move. Most of that work and nearly all of court. S1egan was introduced to the com-

last year on Judge 's nomination to the Su-

Robert Bo:- preme Court.

Frr~ 2 6 1988

,au

JUI«,.',

___,...--.,--·

Like Bork, S1egan was forced to

, c a

F,1

< 4lln1's

tion about his

answer repeated qu

1 ,,

P. C. B

/!iii>

an enies ct vism, obey p ecedents

controversial legal writings, which have chall ged a host of sensitive human and civli hberties decisions and have advocated stronger legal protection for property rights. His nomination has be n opposed by a of legal experts, liberal organ- izations, labor unions, civil rights and The list of opponents lengthened yesterday with critical letter from sen women's group .

.S. Court ofAppeals Reagan 1 s Nominee Willing to Change

,~

__.___..._............... Associated Press

ayor Tom Bradley and Bernard Siegan professors from a Will follow precedents.

Los Angeles from 165 doz n law

la

his legal research have been in the my oath (as a judge) to push my pos1-

in the Western

ool

tes covered by the 9th Circuit.

By Carl T. Hall Chrot•/el., IVaa/1/ngton llurrau

c2.ci55 Washington

justice, Siegan was asked by commit- tee members about his lack of judi- The soft- poken legal scholar con- ceded the points raised by Sen. Pa- cial experience

been supported by

Slegan ha

many of hi cofleagues at the Univer-

Siegan, a fl3 year-old law profes- :;or at the Universitv of San Diego, wa. schooled at the Univer 1 of Chteago. Ile said yesterday that many of the provocative quotations cited by his opponents were lifted out of context from scholarly works. "Frankly," Senator Ho ard Metzenbaum, D-Ohio, told Siegan, "I'm concerned that if you are con- firmed you will find ways to imple- ment your l'iews. ' Afh•r seckmg to pin down Sic• gan on onw issu •s, Senator Howell II flin, D Ala , said he was "left in a I ttl h fa c1 Ualldary on\\ hat your general criteria and principles are." "I \\0Uld follow the law of the land," Siegan rPpl d. "I don't know any stronger principle." Senators Orrin Hatch of Utah and Charles Grassley of Iowa, two Rcpubliean members of the Judicia- ry panel, accepted that answer. As he did during Bork's hearings, Hatch complained that the nomina- tion process was being used to screl'n for "political ideology." In response to a list of questions from Hatch as to whether he would vote to overturn decisions on school praycr, school desegregation, free speech, civil rights and women's rights, Siegan repeatedly answered, "The law is settled on that. The an, swer is no." More hearings are expected to eonvene in mid-March. Meanwhile, at a San Francisco press conference, members of the Bay Area-based Coali 10n for Civil Rights harshly criticized Siegan and vowed to oppose his confirmation.

or immigration law, issues that made earlier to follow legal pre-

Law School and

ty of San

I egal scholar Bernard Sie- tough questioning Jrom the Senate Judidary Com- mittee yesterday in another <·onfrontation over President Reagan's attempt to put his con- scnative stamp on the federal judiciary. Siegan promised the senators that he would set aside his own npinions if he is confirmed as a Judge on the U.S. Court of Appeals in San Francisco. The court covers nme Western states and two ternto- ri . !hodox po itions he has expressed m the past - such as questioning th vah~lty of paper r~oney, zoning r tnct10ns and the mm1mum wage - now are irrelevant. ''The only consideration I \\OU Id have as a judge is \\hat is the la pf the land," Siegan said, deny- ing e would try to overturn estab- lbheU legal precedent as set by the ~upreme Court. ''If I thought deci- 1ons w re unwise or unJust ... I would resign" before rulmg against them. Many of the groups that suc- cessfully fought President Reagan's nomination of Robert Bork to the l:iupreme Court now are lining up against Reagan's choice of Siegan for a seat on the appellate court. These groups include the Lead- ership Conference on Civil Rights, People for the American Way, the National Abortion Rights Action League, the NAACP, the National Organization for Worn n, the AFL-CIO and the Wild rness Soci- gan f:lred

other egal scholars.

Even though his appointment has been pending for more than a year, omm1ttee action has yet been scheduled. A committee source said another hearing will be held sometime next month to give public whether S1egan should be confirmed. Another committee source said it is ihle the nomination could be left '?.. 1thout a committee vote, a no final wltn es a chance to testify on

that he has

trick Leahy, D-Yt. -

never been a judge at any level, has

never argued a case before a federal m1ttee and strongly endorsed by

court and has not appeared in a US. cour£ for any official purpose in 35

years.

s

that his back-

insisted

S1egan

ground as a law professor and author of numerous books and articles were better qualifications than trial work. "An appellate court justice is given the scholarly duties to deter-

highly unusual action.

Unlike Bork, who wa an appellate

/ In a two-hour esswn, Slegan ----- -- repeatedly argued that any unor-

San Diego, CA (S,111 Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) F 261 88

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 123,092)

S,111 0 ICIJO, CA (S,111 Die< o Co.) ,111 D1 •qo U111on (Cir. CJ. 217,089) (Cir. S. 341,840) F B

FEB

6

LOCAL BRIEFS

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far.

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~-Ma,mo "7/ie Constitufion n~Sc:hwarzc:11;1c1 •Ptah on er." Part ot Blcen e,,n, live T ogeth- P-m. March 1 M81lCh l!Clure Series 7 Admission is i,ee Int ~ter Conference Center . ormat1on· 260-4585 ;:---

Devin Bundy had two hits and two RBI to lead USDto a 10-8 non-conference ba ball victory at Point Loma azaren . Catcher Dave Rolls drove m two runs w1 his sixth home run of the year in the third inning for the Toreros (6-7) Jim Ferguson (1-0) gave up five hits in five innings for the victory. Mark anor earned his third save. The ml Crusaders ve lost 10 straight games. ore b ball - Second baseman Thad Ferre went 3-for•5 with three RBI to lead UCSD past Christ College, 13-7, in a non-conference game at Irvine. Shortstop Brian Crawford bad three bits and f/ stolen ba es for the Tritons (6-1). /

•

F B 2 6 1988

._Alina ', ~- DisputedCourt Nominee Promises No Surprises 'l~~i; - -- - r By LINDA GREENHOUSE IITJ.-<,I.--' Spec-la! IOThe !".eY, York Tunes WASHINGTON. Feb. 25 - Bernard firmat1on. Those urging his re1ection H. Siegan, a California law professor included 160 professors at ]av. schools hose nommatwn to a Federal appeals mthe Nmth Ci1 cuu; Mayor Tom Brad- court has touched off intense liberal op- ley of Los Angeles; and a coalluon in- pos1t1on, insisted at his Senate confir- eluding the Leadership Conference 0,1 ma11on hearing today that he would fol- Civil Rights, People for the Amencan low Supreme Court precedent "without Way and the Alliance for JustiCT' question or reservation of any sort." groups that were active in the succes But omc Democrats on the Senate ful campaign against Judge Roben H Judiciary Comm tt c iold the nominee Bork's confirmation to the SuprC'me that this pledge did not allay their con- Court. P C B Ju. 1888

Chronlrle Stqff Writer f,<'alie Guevarra contrlbut,d to u,1,. repart.

c~rns about his wide-ranging criu- c1 ms of modern Supreme Court doc- trine. Senator Patrick J. Leahy of Ver- mont observed thar in the Federal courts "case after case comes up where there 1s not binding precedent" and where j0dges must reach decisions based on their own experience and un- derstanding of the law. Mr. Siegan, who teaches at the Uni- v rs>Ly of San Diego Law School, was nominated more than a vear ago 10 the Unucd Stares Court of Appeals for the Nmth Circuit, covering nine Western

Integration Rationale

The opponems cl!ed Mr. S1egan'. published views that the Suprcm Court went seriously astray m the l930's when 1t abandoned its defense n pnvate property nghts in ordC'I' to up- hold the legislative undcrpmnmg o the ew Deal. The opponents also citer.l Mr. S1egan•s criticism of 1he Court'~ landmark desegregatwn declswns; h has cntic.ued the reasoning mBrown v Board of Education and has writte that the right to education in integral

.

w York

'T'1

Jme Geo, 8 c 1am ,

Ber'lard H. Siegan at his con'irmation hearing yesterday.

schools should have been based not onr----- the 14th Amendment's equal protection guarantee but on the concept of the and the separauon of powers?" he "nght to travel" from one school to an- asked olher r Siegan replied that the Const1tu At the hearmg today, Mr. S1egan said lion's framcrs, mcludmg James Madi- that as a scholar. he believed that the son and Alexand r Hamilton, "were Court had applied the 14th Amendment not very happy wnb legislatures" and more broadly than the ·amendment's thai lhC'>r unhappiness "was a basic framers had intended. But he added: reason for havmg Judicial review." He I• The law is settled. The Jaw is not con- added: "The legislature is not a perfect s• tent with what I fmd history to tell body. I'm not saying we should do away us, but_ that's the rules of the game. with it. We want to make sure Jl does That history has been rejected by the not arb1tranly and capnciously de- ndth at'sfinalas prze~~~1krp~:~~/~:i~h 1~~~: 1~~~. Mr

know that many times I will rule con- trary lo my own feelings" in Ins effort to follow precedent He said that 1f he c uld not in good con cicnre, adhrr to Supreme Courr precedent, he would !'"ave the bench. He later assured Senator Hatch that he could think of no current <;upreme Court doctrmc thn1 his conslience would prevent him from being able to apply. The committee has not scheduled a vote on the nomination. A comnurtee aide said today that the earliest that one could bf· takcn was late !\, ar..,.,_...,

/ · t ree-po1n er

th

D • Sho,eks Pepperdine 76 74 on Munn'

s

t:~~~p~e~~c~~~~-~'

'

-

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.

.

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C,

S1egan said that 1f h" is confirmed, "I

'Judicial Activism'

. 0 ~ 1~~~\~~utlr 0 ~~e~~s ~~~l~g\eins • at the University of San Diego, two M. Buchanan and Milton Friedman and Ph1hp B. Kurland, a leadmg con'. yers, · servauve legal scholar v.ho opposed nd a 17• I Judge Bork: Mr. _Kurland, who teaches ;1 hth~ Umvers11yh of Chicago Law 9, with • ~r.~;g:~ 0 ~~s 1 ?. 1~ t~ec~~~~tt~e:'a~h~} legal thought" .and "recogmz.es th, t the role of the mtermediate appellate e roo!t5 went to : Ju_dge 1s to keep the tnal courts m hue with their and his masters' vmces · those of the Supreme Court" But . ome conservatives have with- held support from ~.r. S1ega11 on the ground that he 1s a JUd1c1al acuvist" who believes, for Pxample, that the urts should inv•l da e many ~ocial fused t b kl A Nob I laureates in economics, James o uc e M ;a~Jept ~e I ea · . secood ad~1;~; seven mmutes to go

·th

d

p It

Jim Pelton and Kelvin Means ex tended USD's lead to 46-40. A three- pointer from Danny Means with O·Ol remainmg on the 45-second clock put the Toreros ahead, 49-42. But when it became apparent that USO appeared serious about an upset, the Waves went to their strength - and got the ball to Lewis. Lewis scored seven straight points and put the Waves b k they extended that lead to 62-58 with 10 minutes to go but there was no . · 5 5- 53 . ac up, ,

aged 24.!i points in his last seven games; The_ bru1smg forward, the leagues leadmg rebounder, scored 15 . . epper mes athletic "let-'em-play'' offense in the early going. USO, however, was able to confound WCAC leading scorer Tom Lewis (22.9 average), limiting the for- mer USC forw_ard to seven points on a 1-for-6 shooting from the field. A three-pointer from Munn with ~wo seconds rem~mmg sent USO to its locker room with a 42-40 lead. The Toreros, last m the league in field-goal percentage ( 433) finished the first half hitting 53 percent of their shots and opened the second half in similar fashion. Baskets from • • . . . · ' t h d p d' , • O spear ea

str de m practice, and Egan sensed

Cont nu d from C·1

e on an w1 USD h;d a 66-6 5 lead. The Torero

·

b

·

· t

.

VI~. Of1[ was m reac . "

feels so good, Egan said.

Thi

s re

eeded"

"It's someth· g

jumper from freshman J bn Sa · inter from Mur:'n a a three-

•

. m we_ n

~epperdme, which beat U I, their first meetmg_ thJS season, 92-77, appeared well on its way to another rout with a 33-21 lead with 5:56 left in I\ It was hke we hit the wall and stopped playmg after that," Harrick th .. half. . .

or d 21, including the win•

D

fpo

t

f

ann~

~~rt r~m

~:~ 9 l;ft. oreros

With l: 33 to

O

73 71 b t Jdd~: Toreros were e connected OD h!S fl.l'St at- !in. , u ' ro ec mg a one-pomt lead, went to the other end of the court and watched as Muon's three-pointer tubp e tempt and then missed on his try USO p t f ·

th

b k J'k

th

said "Wh . •

-

ey

1 e

ey came . ac

en

did, I kn w we were m for a hard

the Torer~s.

shakin

night"

,

t

USDg

'd with out-

P pperdine, stock

64 63

, on Leonard s

·

. wen up, Jumper with 7:48

Le · Middl

lied

t

h

d 1 e broo

but then went throu h the a·

to

oo ers! re

e-

on

"O

VI

nd economic regulations senator Charil's E. Grassley, an Iowa Republican, reflected this con- cern when he a. ked Mr. S1egan to ex- plain what he meant by Wntmg that Judges should not regard leg1slatur s as the •·fmal authority" on ocial and economic matters. "How do you recon- cile these views with Judicial restraint

II' aod through the

g

, who IS built hke a run-stuff- mg inside linebacker and has aver-

came back Lewis with a hook. Th Toreros responded w·th h k f

basket for a 76-72 advantage with

e

k, the Toreros hit

1:04 to go.

rom

a oo

1