News Scrapbook 1988

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

San Diego, Cal if. Southern Cross (Cir. W. 27,500) 2 5 1988

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

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MAR 2 5 1988

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USD Choir will sing

.,.,-Siegan: His oose may be cooked

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the Passio~ ALCALA P:::J.K

-The Umvcrsity of • 'n Diego Choir will smg the Passion ourmg an l l a m .'vfass on P Im ·unday, March 27, in Found,·,s Chape, on the Rr,des, t0mpo er of the mus1<, which had a atiunal debut Father Reveles 15 he d of the music section of the USD fmc \rt I p,111rnent and director of the l <;I) P1og un for Liturgical Mi.sic Father Dennis Kro..i he Dcpar m nt of Rchg1ou and 1 hcolog cal "tud, s, will be the cd, b, .tilt of the liturgy, wluch w1l md 1d a USD campus. The lho1r will puforrn , ndcr the directicm of Fath r 1cul

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• Members elected to t e tLmYer: sity of San Diego.Law School Alumm Board of Directors include Point Loma 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 hcryl King, re-elected treasurer, and Frederick Schenk, re-electe~ vice president; University City resi- dent Steven Cologne, re-elected to the hoard; Normal Heights resident Kenneth Medel; and Ocean Beach r 1dent Peter Durbin. The board ad- vi the law school and provides ed- ucational, social and fund-raising ac- tivities.

proce 1on.1.I with palms

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San Diego, CA (San Diego Co.) . San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) MAR 2 5 198

Joseph Shoopack

._A[~', P. C. B £<1. 1888 Newspaper says Meese tells Siegan nomination doomed '>ace:-' United Press International cr- l 7 J _WASH~NGTON - Attorney General Edwin Meese has told Bernard Siegan, ~IS c!ose friend and choice for a California federal judgeship, that the nommation is_doomed'. The Washington Post reported today. . The Post, quotmg Justice Department sources, said Meese spoke to S1e~an by telephone yesterday, and that Siegan asked for a few days to decide wh~ther to have his nomination to the 9th U.S. Circuit Court of Appeals withdrawn.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 had conceded privately for months that it would not pass, the Post said. Meese, who taug~t with Siegan at the University of San DiegQ, wanted to press f~rward with the nomination, but it was opposed by three key Democratic senators from the region covered by the 9th Circuit Alan Cran~ton of California, Spark Matsunaga of Hawaii and Brock Ad;ms of Washington, the newspaper reported.

over, the thrust or his writings and teaching places the man several degrees to the right of Robert Bork or Chief Justice Renquist, if not or King Loui XVI. A attorney eneral, Meese was deter- mined to interpret 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 home with the concept - to do a $15,000 tudy or the ubject. S1egan, a political libertarian, would have been happier living at the turn of the centu- ry, He thuw 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 has 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- rngs in support of unlon labor contracts. As Siegan sees them, these interfere with the right or 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

laws, 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 he never bas seen downtown Houston. Siegan 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 hearing 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 had read Siegan's stinging criticism of the Supreme Court deci- sion favoring Pierce's newspaper client. l T he secretary acknowledged that he had 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 Sea. 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 laws," 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 his 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 has caused. A committee staffer explained it this way: "Why turn up the heat 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 USD Law School on leaving govern- ment, he doubtless will find his friend wait- ing down the hall. • ,<

Bernard Sieg~ Key senators opposed '

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Extend the amnesty application period · Contrarv~ position expressed by Lionerni(o;;rlin (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 tatus. 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 4 million 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 predictions. The,Carnegie Endowment report documents sev ral 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, aad 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 nc.-cessary to extend the amnesty application peri- od. -CAROL ROGOFF HALLSTROM The San Diego Law Center University of San Diego

Lionel Van Dcerlm repre~ented a San Die- go County district m Congress 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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ngeles Co.) Los Angeles Times (Cir. D. 1,076,466) (Cir. 5 . 1,346,343)

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F.st. 1888

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

5 1988

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Meese didn't tell Siegan to withdra~, sources say

Mee~l{fportedly Says Siegan BidIs Doomed By RUTH MA RC6s, The Washington P08t WASHINGTO -Atty. Gen. F,dwin M s III on Thursday told Bernard H. S1egan, his cl06e friend and controversial choice for federal Judgeship, that his nomin Uon 1s doomed, Justice Depart- m nt OU!'C said. Th ources said e e spoke by Meese, who taught with Siegan at the University or San Diego, wanted lo press ahead with the nomination. 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. (D-Del.) that Siegan lacked "fundamental qualifi- cations" for a Judge.

8 1988

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~ 1 :~~!sIL~~~! /- 7 WASHINGTON - Although Attor- ney General Edwin Meese tele- phoned Qgiyersity of San Diego law professor Bernard Siegan on Thurs- day to discuss his troubled judgeship nomination, sources yesterday said Meese did not tell Siegan to with- draw. "Whatever deci,;ion is made along 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: ment. 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 he wanted a few days to consider whether to have his 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-

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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 has been scheduled on Siegan's confirmation and no deci- sion has been made to hold another hearing. Siegan has 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 has accused the court of paying too much attention to laws that restrict indi- vidual rights but not enough to those that limit "economic liberties."

PANEL DISCUSSION: The San Diego Eco- Conversion Council w,11 host a discussion . Demy st ,fy1ng the Stat,slics: Military Spend- ing, Jobs, & San Diego" to be held at 7 p m at th e First United Methodist Church 2 111 ca· · Del Aio s lo b •id· • m1no ·· wer u, •ng, Room 6 Panelists will include _Joan Anderson. associate professor of economics at the University of San D. School of Business· Jack Brill · d ,ego financial planner; Wil,liam leasur~. •;ro~~=~re~: economics at San Diego State University· and moderator: Bruce McGraw, co-chair of SDECC The event 1s free and open to the public« "$]/' ,,

However, it was clear that a solid majority or the 14-member Judiciary Committee was lined up against Siegan, and Sen. Alan Cranston (D-Calif.) earli- er this week signaled his intention lo put a ''hold" on Siegan's nommatton if the committee sent it lo the floor. 'Intentionally Stalled' Sen Strom Thurmond (R-S.C.) com- plained at a committee meeting Thurs- day about the delay macting on Siegan's nomination, saying it appeared that a vote "is being intentionally stalled. ... Vote him up or down," Thurmond said. "He's entitled to a vote." Cranston and two other Democratic

tel phone with Siegan, who told the attorney g n ral that he wanted a few days to con der whether lo have his nommaUon lo the U.S. 9th Circuit Court of Appeals in C hforma withdrawn. S1egan, professor al the University orS4nD1 o wSchool whose nomina- tion n n pending before the Senate Judie! ry Committee for 14 months, declined to comment 'fhursday. Department officials have conceded privately for months that Siegan would not In confirmation. but said that

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 rejected S reme Court Please . ee M ESE, Page 38

would give 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 democracy and toward judicial rule " That view of "sub- stantive due process"-the basis for the Supreme Court's 1973 abor- tion ruling-m..de Siegan contro- versial among a number of conser- vatives a. well. In a hearing last month before the Judiciary Committee, Siegan repeated his promise to abide by Supreme Court precedent, urging the committee to disregard his extensive criticism of the high court. Sici; n, who has never tried a case 111 frderal court or argued an appeal, also faced critical question- mg from enators about his lack of

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Los Angeles, CA (Los Angeles Co) Times (San Diego Ed.) (Cir. D 50,010) (Cir. S 55,573)

nominee Robert H. Bork had teamed up to defeat Siegan, argu- ing that the views of the 63-year- old libertarian made Bork appear moderate. Siegan shares Bork's view that judges should decide constitutional case based strictly on the "ongmal mt nt" of the framers, but took ongmal mtent further than Bork in arguing, for example, that Brown vs. Board of Education, the 1954 ruling that "separate but equal" public schools violate the 14th Amendment's guarantee of equal protection, "is not based on original understanding." Siegan said the ase should have been decided on other grounds. In addition, unhke Bork, Siegan

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TENNIS each won e ti Afiburn, 5. 4. ln /' iitv, Sf-~ Univccsfty oC sa:o~ches !BS th~ego defeated national collegiate to Blue-Gray Montgomery, Ala. Urnament in the I• - a nd ChrisrSmith

court experience.