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
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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
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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. Hut if you
like political drama, we don't
lack for excitement
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