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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Nov. 6, 1987)
Forum Continued from Page 2 they couldn't attain electorally. So Ginsburg. in that sense, may look less vulnerable than Bork Do you think the conflict of interest in the cable television case is a strong enough issue to refuse confirmation? In itself, 1 don't think it's a strong enough issue to do Ginsburg in. But he doesn't have much on the plus side go ing for him. So that standing by itself, the cable case might be more powerful in terms of weighing in against him than it would if he had a strong, substantive public record .... But at this point you and I and all the rest are grasp ing and grabbing at political straws. There's not enough substance out there about the guy, his backgroud, to really put your hand out and say, "I’ve got this thing.” Even a guy like Dole is refusing to comment because it's too chancy, you just don’t know. You have a candidate who you thought looked good and almost immediately he's in a conflict of interest situation. So even the Doles — Republicans who wouldn’t mind having this judge — aren’t coming out for him because Ginsburg, if he has this one thing going against him so soon, may have three or five or six items in his closet that come out when you pry it open. But it’s too early to tell. . . .We’re just begining the "ordeal” of Douglas Ginsburg. and he's just begun his run through the crucible to the United States Supreme Court And the Democrats in the Senate judiciary Committee are not going to make it easy for Ginsburg because they are not about to put someone on the Court who could turn the Court's direction far rightward for the next 30 to 40 years. So they're going to — in a nice way — do their best to "get” Ginsburg, if they can get him on the record. They won't TAN as low as $2/VISIT Woltf System condi lioned Fail Relaiin$ Affordable Convenient SunShoerr on campus mai'iiii urn Up*1e*»» by «inso • deny him because of inconse quential considerations. Do you have anythinx else you would like to add? I would say the appointment of Ginsburg. given my own bias, woidd serve the country badly. The country has cycled back to the center. Ixiu Harris recently wrote a book called "Inside America" and in it he demonstrates. . that the coun try has moved back towards the Democrats. That doesn't mean the Democrats will elect a presi dent next year. They could if they had their thing together, but they don’t Still, the Democrats have a duty to themselves and the country as a whole to make cer tain that yesterday's Keagan right-wing revolution is not secured in place on the Supreme Court by the appoint ment of judge Ginsburg.... I do think the appointment of Robert Bork or someone like Bork or Ginsburg would have been much more probable and possi ble in 1‘Jflt or 1982. But in 1987 the politics of the country is not the politics of Bork and pro bably not the politics of Ginsburg.... The Democrats want a moderate, and the country deserves a moderate on the Supreme Court because 1 don’t think that the radical-right point of view commands great support in this country — if it ever did. Do you think the Democrats will try to delay another nominee until possibly a Democratic president is elected or until Keagan nominates a moderate? When Abe Fortas was going to be appointed chief justice by Lyndon Johnson — he was an associate justice at that time the Republicans dug up some "dirt” on Fortas just before the '68 election. The Republicans just made sure that Abo Fortas did not become the chief justice of the Supreme Court because HALLEY'S COMET ALLAfin BR05 COFFEE 404 (8<«) 504 (i2« ) pure Matt a Matt Ac rote bow tho OO Boo* e tore Johnson was going out and Nix on or someone like him had a shot at the presidency. So they stalled that appointment How long can the Democrats prolong this if Cinsburg is not a satisfactory nominee? Well ob viously well into November, maybe December, before a judg ment is reached. Then if there is a negative judgment, off we go probably into the 1988 political election campaign Then anything is possible On the other hand, you and I as good citizens of the United States — and the Democrats in the United States Senate -~ know that the Supreme Court should have nine justices sit ting The court should have a chance to do its job and do it properly. As good Americans the Democrats and Republicans in the Senate and you and I want to see the Court at full strength so it can do its job properly. Right now the court is being stalled by 4-4 decisions . The fact is that a divided court really creates a problem. Even if it isn't 4-4 opinions,. . the court is made up of nine people. You should have nine people sitting so the body can function pro perly as people think it should. That's a larger consideration of good citizenship and political and constitutional pro priety. Such a consideration weigh heavily in everyone's calculus. On the other hand, 1988 is a presidential election year. A hell of a lot hinges on what hap pens politically in 1988 and just about as much hinges on that appointment — way beyond the 1988 election. My bottom judg ment at this time on Cinsburg is that we are not far enough along to know or fell anything for sure There are too few straws in the wind right now. It's mostly conjecture. Your guess is as good as anyone's. 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