News Scrapbook 1986-1988

Los Angeles, CA (Los Angeles Co.) Los Angeles Times (Cir. D. 1,076,466) (Cir. S. 1,346,343) NOV 6 1987

S n Francisco, CA (San Francl co Co.) Progress (City Ed.) (Cir. 3xW 158,219)

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art I / Friday, November 6, 1987

doctrine of judicial restraint, once wrote that the Supreme Court has often shown a disregard for the intent of the Constitution's Found- ing Fathers. Siegan, again stressing that he was then speaking "as a scholar," said of the court: "I don't think it's always done what it should have done." Dul under questioning by DeConcim, he said: "The Supreme Court, on the whole, has been a marvelous institution" and he pledged to adhere to its decisions. Questioned by a supportive Sen. Gordon J. Humphrey (R-N.H.), Siegan also clarified his position on the 1954 Brown vs. Board of Edu- cation decis10n, the landmark school desegregation case that he had been quoted as saying he opposed. "I fully agree with the judg- ment," he said, but "the reasorung is where l differ."

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scholarly viewpoints in his exten- sive writings and research and the way In which he would act as a federal Judge. As a scholar, Siegan said he finds difficulty with the Supreme Court's incorporation of the establishment clause withm the 14th Amendment. But as a U.S. circuit judge, he said, "I'd be laughed off the block if 1 were to say otherwise. "What I think on a subject is really irrelevant," he said. "The sole question . . . is what the Supreme Court has said ma partic- ular situation." But DcConclm, whose question- ing dominated the hearing, main- tained that Siegan's personal opin- ions are indeed relevant to his nomination as a federal Judge. De- Concini also wanted to know why Siegan, a former colleague of Atty. Gen. F..dwin Meese Ill and an advocate of the "original intent"

aton." DeConcini, who volunteered to chair the Siegan confirmation hearings to speed along the stalled process, took the nominee on a hard, lengthy line of questioning about Siegan's positions on the scope of equal protection under the 14th Amendment, the govern- ment's power to intrude on individ- ual property and economic rights and respect for judicial precedent. Many of Siegan's libertarian po- sitions, which come largely out of the economic influences of his University of Chicago law back- ground, "trouble me," DeConcmi srud. The senator found Siegan's assertion that education is a "politi- cal nght"-not a natural, funda - mental nght-to be a "very violent statement," DeConcini aid. But Siegan suggested that De- Conc1ru failed to recognize the distinction between the professor's

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ieg~n's ConfirmationHearing Opens By ER~LititTB'LAu, Times taff Writer can end "in short order."

USF favored

commerce have drawn the rre of some liberal critics and in part have stalled his nomination smce Febru- ary. He was the fir t Judicial nominee to ndergo intense crutlny by a newly formed task force of Demo- cratic enators. And hi cntics, explaining their delaying of the proceedmgs, say that his contro- versial views have made S1cgan deserving of a long, careful look ore the hearings began. DcConcini and Republican Sen. Gordon J. Humphrey of New ampshire expressed regret to S1e- gan for what Humphrey called "an unconscionable (and) mdecent" de- lay m the proceedings. And Siegan said that he hopes that the process

But even after questionmg the professor for more than 80 mm- utes-two earlier nomine to the Circuit Court breezed through the process Thursday m half an hour-Senate Judiciary Com11Uttee members said that he may be called back at a later time. One staff member called that prospect likely and said that Sie- gan's nomination may be slowed fto-ther by demands on the com- mittee from the confirmation pro- ceedings for Supreme Court nomi- nee Douglas H. Ginsburg. Voicing hi own concerns over many of Siegan's legal po!<1tions, DeConciru said "the committee will give him very careful consider -

WASHI GTO - Aft er mnc months of delays, the confirmation proce for Umverslty of San Di go law professor Bernard Sicgan f1- ally opened Thursday, with the nominee for th U. . 9th Circuit Court of Appe Is pledging that as a 1udg he woul be gUided by legal preced nt, not by his own conser- vatism. "I'm not there (on the appea court) to tell the world how it hould run . . I wouldn't dream of imposmg my will ov r tha of the upreme Court, Slegan said under harp qu on g from Sen. Denni an posi - tions on such quc. o .s as the government's power o regulate DeConclni (D-Ar .) The profc r's hbc

·o~ember 6, 1987

Friday,

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San Diego, CA {San Diego Co.) Evening Tribune (Cir. D. 123,092) NOV6

0).,rt: Siegan says own views wouldn't interfere with rulings Continued from A-23 f[, < chair the session. hould pay more att nhon to abuses Pete Smith, a spokesman for Judi- of economic liberties that sometimes ciary Committee Chairman Joseph r ult. R. Biden Jr., D-DeL said Monday But he said ht thinking on these that the committee would probably

1987

Jlllen'• Pc. e 1,,. 1888

c- National news v'us ;5S' siegan faces panel mulling judge nomination By Mark~gan co t oo k ~r r m wor . . urns on the law and the Supreme Reagan nominated Robert H. Bork to

hold more hearings on Siegan.

totally irrele-

nd other issues "i

ant" becau e he would be forced to follow precedent set by the Supreme

"This is a very controversial nomi•

Court

nee;· be said.

not his own political philos•

DeConciru and Sen. Gordon Hum- phrey, R-N.H. were the only com- the hearing. DeConcini told Siegan at the end of the session that he had enough information to make a deci- sion on his nomination. He said he did not know whether any further hearings would be scheduled. to sit in on most of

ophy or beliefs.

The committee had planned to

con 1der S1egan's nomination July 21, mittee membe

m_ fact,_ all of

the Supreme Court. The Senate re- jected Bork last month after a long Siegan's critics say he would use the bench to promote his belief that property rights should receive more and bitter battle.

Court.

Most of t~em -

Copley News Service WASHINGTON - ..J.lnwrsity of San Diego law professor7Jernard Siegan told the Senate J 1.'diciary Committee yesterday hat he would not Jet his libertarian \·ic\"S guide his decisions as a jt..dge on the 9th U... Circuit Court of Appeals During the ~ommittee's first h ar- ing on Siegan si nce he was nomi- nated nine months ago to the 9th Cir- cuit by President Reagan, Siegan made a distinction between the ideas he has propounded in his books and what he would do on the appeals court. "I'm going to look at the facts put before me and try to decide how the Supreme Court would hold," he said. "Whether I like the Supreme Court's decisions or don't like them is irrele- vant." Under questioning by Sen. Dennis DeConcini, D-Ariz., Siegan said be believed the fundamental rights pro- tected by the Constitution include the right of privacy. He praised the Supreme Court's landmark desegregation ruling in Brown vs. the Board of Education but criticized the court's reasoning i~ the case. "It is inconceivable to me that any other judgment could have been made," Siegan said of the 1954 deci- sion outlawing segregation in public schools. "Society is enormously in- debted to that judgment. I just disa- gree with how it got there." Siegan said the court could have declared school segregation uncon- stitutional by finding that a black child's "constitutional right to trav- el" was violated by segregating chil- dren in separate schools. Instead, the court applied the 14th Amendment's equal-protection c)ause and decided, according to S1egan, that it had "a right to moni- tor the administration and manage- ment of the schools." DeConcini, who said he has not de- cided whether to support Siegan said he found it "troubling" that Siegan had so little trial experience in the federal courts. He pointed to a list of 10 cases Siegan submitted to the committee as examples of his most important

but postponed hearings when the bat- tie over Bork erupted. The hearing esterday was scheduled after De- Concim, a colleague of Siegan's on the National Bicentennial Commis- 10n on the Constitution, offered to

63-year-old professor of consti- tut10nal Jaw, former real estate at- torney and author of two books on the Supreme Court, Siegan was thought to be the most controversial nominee before the committee until

them - were m co~ect1on ~•t~ r~al es~te development, DeConcm1 said. S1egan responded that .he. has ~orked on federal and constitutional ISSU~ as a professor an~ as the or- gamzer of many academic symposi-

protection by the courts.

Just m tter of hour on finish th WCAC

tournam •nt that they find out if they have reu,ived their 20th NCAA bid in the last 22 years Th Don ml sed the tourna ment In 1972 and 1985. In 11, 24 teams will be selected, two from e ch of th cl ht r gton and eight wild -card hole . ln the Far West Region one of the bid goe automatical' ly ro the ch m pion of the PCAA (which Nevada Las Vegas leads) n Ulego State, ranked eighth In the n,lllon, I No 1 In the we t. USF Is ranked ~econd In the west and 11th nationally and UCLA Is third In the west and tied for 17th ( Ith Conneticut) national ly

Los Angeles, CA \Los Angeles Col Times \San Diego Ed .) \Cir. D 50,0lO) (Cir . S 55 ,573\ ,ss1

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

Los Angeles CA (Los Angelei Co) Times (San Diego Ed ) (Cir. D 50 o,oj (Cir. S 55,573) NOV 6 1987

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' 1~£:~.~ost to Athletes In Action University of San p- ~gan, the can start," Egan said. coach, can wait 1,ero asketball Forward Ma t M before tonight's 1:1-1. mmutes his chin last w~fk aidnnhafract_ured against Athlete I xh1b1_tion game some practice t . s mJssed mAhisdstartlng l~eu~_Act1on to turn Pelton has been Center Jim n he said h '11 back Both ered by a bad that Jong before \e ~robab!y n~ed if th~y can~~i~~Jebto .P!ay, and Toreros will ta th cc1des which Mike Haupt and C . e JOmed by 7:30 tipoff in th~e USDe fsloor for the the starting Jin ra1g Cottrell in ter. ports Cen- E eup. gan said that if . h Star DtaenrnfyroMmealnasst. the on,Jy return1·ng nor Pelton starts K ~e1t er Munn freshman point • e vm_Means, a is a sure start years 24-6 team brother Da guard, will Join his that, Egan suiir .;t guard, but aft~; AIA '. nny,_m the backcourt. to;rf'#.e. as some decisions victory ~~e:~r:::~r L off a I11-76 e have some kids ·th m which forward o~a Nkazarene inJuries and we'll w1 some scored 18 points ac Jones who c~ play befo need to find out beaten USD the la.stAtIA ( 3-0) has re we know who wo years.

IOI• P. C. B Esr. 1888 ~IVER.5JTY OE SAN DIEGO FO.V~E~~LERY (Desales H~~S'Centuries of Archi- tecture in Spain," photographs de- picting the history of Spanish ar- chitecture from 7th-Century Visigoth to 18th-Century Rococo continues through Nov. 17. Hours are noon-5 p.m. Monday-Friday.

Tiaei!e~~?Don- ald had 19 kills to lead the Univer- sity of Portland women's volleyball team to a West Coast Athletic: Conference victory at the Uruyer.,. si.tY of an Diego Thursday night. Jody Conner led USO (4-15 overall, 2-6 in the WCAC) with 17 kills. Portland is 8-14 and 5-4.

San Diego, CA (San Diego Co.} Evening Tribune (Cir, D. 123,092) O'w' 7

1987

-CHRIS ELLO.

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1 , 1888 SanDiego Notepad

AIA proves a bit too much for Toreros to handle in overtime as UCSD failed to hold a 1-0 lead early in the OT. ors, had 12 point .

Thomas College (Minn.) 5-0 yester• day at UCSD to advance to today's championship game in the NCAA Di- vision III West Regionals. The Tri- tons (13-5-2) were to meet <;al State San Bernardino (13-2-3), a l_. winner over La Verne. The two teams met in tlie regular season, San Bernardino wgming 2-1

For the Tore os, Marty Muon. a 6- foot-6 senior, ha! 19 points, seven re- bounds and f1ve assists. Brothers Danny and Kel io Means had 21 and 11 points, re pectively. The game erved as a good early- eason test for USD coach Hauk Egan, who is searchmg for a few good replacements. The Toreros graduated four of last season's start- ing five, includ1 g 7-foot center Scott Thomp on the WCAC's Player of the Year in 198&-87. The Torero open the regular sea- son Nov 27 at Rice University. Their home opener 1s ~heduled for Nov. 30 again t UC n Barbara. • • UCSD SOCCER - The UCSD en's soccer team, behind three goal by Scott Rommel, routed St.

Besides Rommel's first-half hat trick yesterday, Pieter Koopman and ~ubba Wingate had single goals, both m the final two minutes. Greg Stadler and Brian Siljander com- bined for the shutout in goal.

San Diego, CA (San Diego Co.) Evening Tribune (Cir. D. 123,092) NOV6

San Diego, CA {San Diego Co.) Evening Tribune (Cir. D. 123,092) NOV6

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1987

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George Ftlftr dilCUllft ''Love ~aughler, Tears: a look at Soviel Lil~ e nder the Surface," 8 p.m. Nov. 3:,J;l.!]j"._e_!!!!y enter ~orum. Admission Is free. .-.-

'!!',-Org~n recit- ~r. Bach and

Handel a--i·sled b · ,d h?rpslchordlst Fr. Nicolas Re~~;~s ~o;an ov 6, Founders Chapel. Free-will off~rY t · = Y rum eter