News Scrapbook 1988

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

San Diego, Calif. Southern Cross (Cir. W. 27,500) 25 1988

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

1988

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MAR 2 5 1988

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USD Choir will sing the Passio~rch 27 ALCALA P'if/K - The University of ,.11 Diego Choir will sing thl' P,1ss1on ounng an 11 a.m. Mass on P,lm Sunday, March 27, in Found,.rs Cl,apel on th,· . ·o c;impus. nat10nal debut Father Reveles 1~ he d of the n.usiC' sec:tio~ of the USD Fmc A, Dcpartme 11 t and director of the l ':ii) Program for L turg1cal \11.,s1c Father Dennrs Krou r, a prof, or 111 th Departm 111 of Rel1g1ou 111d 1heologt

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/ Siegan: His oose may b cooked

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,. Members elected to the Uni er: sity of San Diego Law School Alumm Board of Directors include Point Lome resident Thomas Polakiewicz, who was re-elected president; Pacif- ic Beach residents Ran~all Magn~- son, re-elected vice president, Erme Grijalva and Marty Steele; Hillcrest resident Alan Williams, who was re- elected secretary; La Jolla residents Sheryl King, re-elected treasurer, and Frederick Schenk, re-electe~ vice president; University City resi- dent Steven Cologne, re-elected to the board; Normal Heights resident Kenneth Medel; and Ocean Beach resident Peter Durbin. Tbe board ad- vu the law school and provides ed- ucational, social and fund-raising ac- tivities.

San Diego, CA (San Diego Co.) . San Diego Un ion (C ir . D. 217,089) (Cir. S. 341,840) MAR 2 5 1988

Joseph Shoopack

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over, the thrust of bis writmgs and teaching places the man several degrees to the right of Robert Bork or Chief Justice Renqu1st, 1f not of King Lou' XVI. As attorney 0 cneral, Meese was deter- min d to mterpret the Constitution in a way dear to Reagan's heart - which is to say by the "original intent" of those who wrote it 200 years ago. To buttress that approach, he commissioned Siegan - who felt right at borne with the concept - to do a $15,000 tudy of the subject S1egan, a political libertarian, would have been happier living at the turn of the centu- ry. He thinks the Supreme Court of 1905 was on target in Lochner vs. New York, when it struck down a law limiting bakers to a 60- hour work week He thinks the court often bas been wrong in more recent times, as with decisions guaranteeing educational op- portunity. In a column written three years ago for the Orange County Register and other Freedom Newspapers, Siegan de- clared· ''There is no fundamental or natural right to education, nor to an integrated education; each is a political right created by govern- ment and is accordingly not within the guarantees of the 14th Amendment." Equally flawed, he believes, are court rul- mg:; in support of union labor contracts. As S1egan them, these interfere with the right of individual workers to make what- ever arrangements they may wish with em- ployers In his special field, land use, the professor has espoused the abandonment of all zoning

P. C. B I 888 Newspaper says Meese tells Siegan nomination doomed United Preiis lnlernatiooal ;l.1 5" .WASH~GTON . Attorney General Edwin Meese bas told Bernard Siegan, ~IS dos~ friend and choice for a California federal judgeship, that the nommatiou is_ doomed: The Washington Post reported today. . The Post, quoting Justice Department sources, said Meese spoke to S1egan by telephone yesterday, and that Siegan asked for a few days to decide wb~tber to have his nommation to the 9th U.S. Circuit Court of Appeals withdrawn. Siegan's nomination ~as been before the Senate Judiciary Committee for 14 months, and Justice Department officials bad conceded privately for months that it would not pass, the Post said. ..___ •uhn hnnht wi th SiP~an at the University of San Di~ wanted Est

Jaws, holding for the right of owners to do whatever they want with their property. He cites unzoned Houston, Texas, as a triumph for his theory - though admitting be never bas seen downtown Houston. Siegao twice has been questioned by the Senate Judiciary Committee. His last ap- pearance, on Feb. 25, must have been one of the strangest ever. It began with a ringing endorsement of the candidate by HUD Secretary Sam Pierce, who accompanied Siegan to the bearing room. Pierce said they had met when Siegan served on a presidential housing commission. He urged confirmation "in the strongest terms." Sen. Patrick Leahy, D-Vt., immediately planted a wedge. Noting that Pierce, when in private law practice, had worked on the landmark libel case, New York Times vs. Sullivan. Leahy asked if he bad read Siegan's stinging criticism of the Supreme Court deci- s10n favoring Pierce's newspaper client. I T he secretary acknowledged that he bad not, saying "It's obvious that we differ." Leahy turned politely to Siegan's lifelong absence from courtrooms. The nominee never has tried a case nor argued an appeal in federal court. "Your only experience involved bankrupt- cy motions," Leahy said. "I don't question your intellectual abilities, but the last time you were in a federal court, I was 12 years old."

Leahy is now 57. Republican Sen. Charles Grassley of Iowa next took after the embattled professor. He was disturbed by Siegan's view that the courts should exercise broad powers to over- turn government regulations in economic and social fields. "Congress does have the right to pass stu- pid Jaws," Grassley ventured. The nominee underwent intensive ques- tioning by the conservative Howell Heflin, D- Ala., himself a former federal judge. When Siegan repeated an oft-stated promise to subordinate bis personal convictions and fol- low wherever the Supreme Court leads, Hef- lin remarked: "I am left in a bit of a quandary as to what your general principles would be.'' The hearing was described as relatively low-key and non-confrontational, considering the furor Siegan's nomination bas caused. A committee staffer explained it this way: "Why turn up the beat when the goose is already cooked?" Now, it seems, the bird is about to be taken from the oven. Democratic senators repre- senting the three largest states in the 9th Circuit, over which Siegan would sit as an appellate judge - California, Washington and Hawaii - have joined in asking that the nomination be rejected. Under such circum- stances, senatorial courtesy almost always prevails. So, if Meese accepts a standing offer to return to USO Law School on leaving govern- ment, he doubtless will find his friend wait- ing down the hall. •

By

IONEL VAN DEERLIN

ninat!on, but it was opposed by three key e region covered by the 9th Circuit, Alan Matsunaga of Hawaii and Brock Adams of ·ported.

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

Bernard ~iegan Key senators opposed

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Extend t e amnesty application period · Contr:rri7~ position expressed by Lion~&;e';.'un (Op-Ed Page, 3-17-88), two bills introduced in Con- gress to extend the amnesty applica- tion period should be enacted. The amnesty program that Con- gress created was intended to give all eligible undocumented immi- grants with established equities in this country a reasonable chance to obtain legal status. Mr. Van Deerlin states, "It was agreed last year that not more than 4 million {undocu- mented immigrants) were here." Agreed by whom? Because the popu- lation is clandestine, it would be fool- hardy to state with certainty the size of the undocumented community in the United States. At the opening of the application period last May, the INS did state that it was prepared to process 3.9 million amnesty applicants. The agency that should know was, there- fore, publicly asserting that approxi- mately 4million individuals were po- ' tentially eligible to meet the strict requirements, not that 4 million comprised the undocumented uni- verse. A comprehensive assessment of the amnesty program recently pub- lished by the Carnegie Endowment and co-authored by a former acting commissioner of the INS suggests that only 1.4 million of the projected 3.9 million applicants will have ap- plied by the close of the period on May 4. The Population Research Unit of the California Department of Finance estimates that more than 89,000 persons are eligible to apply for amnesty in San Diego and Impe- rial counties. According to Mr. Van Deerlin, 49,350 applications were submitted to the INS as of early March. Whether this is 94 percent of the goal, as Mr. Van Deerlin states, depends on what one chooses as a yardstick. If one looks to the date published by the state of California as a guideline, it is apparent that in our area, as nationwide, the number of applicants is significantly below all reasonable pred1ttions. The. Carnegie Endowment report documents several reasons why the amnesty program is far from reach- ing the goal envisioned by Congress. Among the reasons given are: serious inadequacies in the INS public edu- cation and outreach campaign, changes in regulatory policy that have not been effectively communi- cated, and administrative processing delays that have resulted in an in- ability by the INS to issue formal decisions in a timely manner. It is reasonable and necessary to extend the amnesty application peri- od. -CAROL ROGOFF HALLSTROM The San Diego Law Center University of San Diego

Lionel Van Deer/in represented a San Die- £0 County d1:;trict in ConEress for 18years.

San Diego, CA (San Diego Co.) San Diego Union (Cir . D. 217,089) (Cir. S. 341,840) AR 2 6 1988

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Los Angele , CA {Los Angeles Co.) Los Angeles Times {Cir. D. 1,076,466) (Cir. S. 1,346,343)

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San Diego, CA (San Diego Co.) San Diego Business Journal {Cir. W. 7,500)

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Meese didn't tell Siegan to withdra'? sources say 1!:,~!! J- i 7 ~!if~~~!~f~;~a~i~~nsisted on push- WASHINGTON - Although Attor- ney General Edwin Meese tele-

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Meese Reportedly Says Siegan BidIs Doomed 1..J.l.s-

2 8 1988

By RUTH MARCUS, The Washington Post WASHINGTO -Atty. Gen. Edwin M m on Thursday told Bernard H. S1egan, his cl e friend and controversial choice for a fed rat Judge hip. that his nomination IS doomed, Justice Depart- m nt sourc said. Th sourc s said Meese spoke by telephon with Sle~an, who told the attom y g neral that he wanted a rew days to co11S.1der whether to have his nommation lo lhe U.S 9th Circuit Court or Appe ls in California withdrawn. Sieg n, a professor at the University orSnnD o wSchoolwhoscnomina- tion ha n pendmg before the Senate Judlciary Committee for I • months, declined to comment Thursday. Department officials have conceded pnvately for months that Siegan would not n con£1nnaUon, but said that

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Amajority of senators on the Judi- ciary Committee have indicated they would vote against Siegan, and Sen. Alan Cranston, D-Calif., signed a let- ter last week saying Siegan was un- qualified for the job. The- Cranston letter also was signed by two other Democratic senators from states covered by the 9th Circuit - Spark M. Matsunaga of Hawaii and Brock Adams of Wash- ington. An aide to Cranston said the senator woutd block the nomination from going to a vote on the Senate floor, if the committee reported it out. A spokesman for the Judiciary Committee said earlier this week that no vote bas been scheduled on Siegan's confirmation and no deci- sion has been made to hold another hearing. Siegan bas appeared twice before the committee, both times reiterat- ing his contention that his scholarly views on Supreme Court decisions would have no bearing on his deci- sion as a judge. A self-described libertarian, Siegan has written two books critical of the Supreme Court's handling of; . laws that regulate business. He bas accused the court of paying too much attention to laws that restrict indi- vidual rights but not enough to those that limit "economic liberties."

Meese, who taught with Siegan at the Umversity of San Diego, wanted to press ahead with the nomination. However, it was clear that a solid majority of the 14-member Judiciary Committee was lined up against Siegan, and Sen. Alan Cranston (D-Calif.) earli- er thi week signaled his intention to put a ''hold" on Siegan's nomination if the committee sent it to the floor. 'Intentionally Stalled' Sen. Strom Thurmond (R-S.C.) com- plained at a committee meeting Thurs- day about the delay in acting on Siegan's nominat10n, saying it appeared that a vote "is bemg intentionally stalled. . . . Vote him up or down," Thurmond said. "He's entitled to a vote." Cranston and two other Democratic

senators from states covered by the 9th Circuit, Spark M. Matsunaga of Hawaii and Brock Adams of Washington, said in a letter to Senate Judiciary Committee Chairman Joseph R. Biden Jr. (0-Del.) that Siegan lacked "fundamental qualifi- cations" for a judge. In addition, sources said. 9th Circuit Judge Joseph T. Sneed wrote to Meese last week complaining that the court's work was being hampered by three unfilled vacancies, the Siegan nomina- tion: the nomination of Associate Atty. Gen. Stephen S. Trott, confirmed by the Senate on Thursday, and the seat of newly installed Justice Anthony M. Kennedy. Liberal groups that s~headed the fight against reiected S reme Court Please ee M ESE, Page 38

PANEL DISCUSSION: The San Diego Eco- ~0~1c Convers,on Council will host a discussion n DemyS t ifying the Stat1st1cs· MIiitary Spend- ing, Jobs, & San Diego" to be held at 7 the First United Methodist Church 2T 11 6~m. at 1De; Rio S.. lower building, Room 6 '_ Panehst::;~ nc ude _Joan Anderson, associate professor of economics at the Univers,ty of San D School of Business· Jack B - 11 . - ,ego fn · 1 • " , independent I anc1a planner; WHliam Leasure. professor of economics at San Diego Slate University· and moderaTor'. Bruce McGraw, co-chair or SDECC The even11s free and open to the public.;?:;,~ ,,. -

phoned ll!mersjty of San Diego law professor Bernard Siegan on Thurs- day to discuss bis troubled judgeship nomination, sources yesterday said Meese did not tell Siegan to with- draw. "Whatever deci,;ion is made aiong those lines is up to Bernie," said a Justice Department official who con- firmed that Meese had talked to Siegan Thursday about the nomina- tion that is pending before the Senate Judiciary Committee. The source, who asked not to be identified, said Siegan was "not pre- pared to make a decision today or tomorrow" to withdraw his name from consideration for a seat on the 9th Circuit Court of Appeals. Siegan, reached yesterday at his home in San Diego, declined com~ meat. A wire service report in yester- day's editions of The San Diego Union quoted Washington Post sourc- es as saying Meese· had told Siegan his nomination is doomed. The sourc- es said Siegan told Meese be wanted a few days to consider whether to have bis nomination withdrawn. Justice Department officials have suggested since February that Siegan faced insurmountable odds in winning Senate confirmation, but Meese - a close friend of Siegan's when they both taught at the Univer-

would g•ve Judges broad power to use "substantive due process" to strike down welfare and regulatory tatutes that interfere with eco- nomic liberties, a view that Bork has said "works a massive shift away from de-mocracy and toward judicial rule." 'fhat view of "sub• stantive due process" -the basis for the Supreme Court's 1973 abor- tion ruling-made Siegan contro- versial among a number of conser- vatives as wet,. In a hearing last month before the Judiciary Committee, Siegan repeated his promise to abide by SuprPme Court precedent, urging the committee to disregard his extensive criticism of the high court S1eE, n, who has never tried a case in federal court or argued an appeal, also faced critical question- ing from enators about his lack of

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Los Angeles, CA (Los Angeles Co) Times (San Diego Ed .) (Cir. D 50,0101 (Cir. S 55,573)

nominee Robert H. Bork had teamed up to defeat Siegan, argu- mg that the views of the 6.1-year- old libertarian made Bork appear moderate. Siegan shares Bork's view that Judges hould decide constitutional cases based strictly on the "original mtent" of the framers, but took ongm I intent further than Bork in arguing, for example, that Brown vs. Board of Education, the 1954 ruling that "separate but equal" public schools viola'te the 14th Amendment's guarantee of equal protection, "i not based on original understanding." S1egan said the e hould have been decided on other grounds. In addition, unlike Bork. Siegan

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E,r 1888

TENNIS ni?et sfe~~ UnJvernfty or S:i Afiburn, 5. 4 1 each won

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national coJJ~giate t~~r:Jue-Gray Montgomery,Ala.

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court experiC'ncc.