Editorial
Confirmation process
should move quickly
The intense media scrutiny given to Supreme Court
nominees has subsided after President Ronald Reagan
nominated Judge Anthony Kennedy after Robert Bork and
Douglas Ginsberg. Although not much is known about Ken
nedy or his ideologies, he is a compromise nomination and
not likely to create controversy.
The importance of finding a qualified judge to replace
Justice Lewis Powell has not disappeared. Not only does the
Supreme Court need a ninth justice as soon as possible, but
he or she must be one reflecting the ideals and philosophies
of the nation for the next several decades.
The controversy between liberals and conservatives
with the Bork nomination kept the public aware of the im
portance of replacing Justice Powell, often known as the
swing vote on the Court. Bork’s strict, "original intent" in
terpretation of the Constitution did not agree with a
Democratically controlled Senate.
Similarly. the scandal created when Ginsberg, Reagan s
second nomination, admitted smoking marijuana reminded
the public a ninth justice had not been found. But since Ken
nedy’s nomination. Reagan’s third attempt to place a conser
vative on the Court, there has been little media coverage.
Kennedy has been a justice on the Court of Appeals for
the 9th Circuit in California since 1976. Before that he was a
professor of the Constitution at Harvard. He is conservative;
however, his most benefical attribute is he is not like fudge
Bork.
The Senate Judiciary Committee completed hearings on
Kennedy before the Christmas break. It is expected to con
firm his nomination and present a report to the Senate next
month. From that point the Senate will discuss the report
and vote, a process that may take two or three weeks.
Unfortunately, the Supreme Court cannot take a holiday
simply because it does not have a full court. It reconvened
last week after a four-week recess.
The hearings differed from the Bork review, causing
many to complain the judiciary committee was too soft. Ac
cording to Diane Pollack, a judicial researcher in U.S. Sen.
Robert Packwood’s office, the hearings “were not as
judgmental.’’
The Center for Constitutional Rights agreed. In a report
on the judge, it said "A justice of the Supreme Court must
affirmatively demonstrate a commitment to civil rights and
civil liberties and not merely be ‘not as bad as Judge Bork.' ”
Many questions, such as Kennedy’s views on abortion
rights, were not addressed. This issue will be important for
any potential justice in the next few years because the Court
expects to hear cases involving the right to an abortion.
Pollack said that Kennedy, unlike Bork, agreed that a right
to privacy does exist. Bork ran into opposition when he said
he believed there was no right to privacy therefore it could
not be applied in cases dealing with abortion.
Although Kennedy’s conservative view's may hinder the
progressive views of the United States, he is a qualified
justice. The Senate should enter the reviewing process with
a critical mind, but it also should be aware of the urgent
need to resume the Court to nine members.
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Letters
Radio station
As a University student who
works at KWAX. i was in
terested in the Emerald’s article
on the station, which appeared
|an. 18.
It is ironic that although the
article lamented the lack of a
student-run "Radio Free
Eugene," no mention of
KWAX's offer to help start such
a station was made.
A student-run radio station
could be on the air by fall at a
start-up cost of less than $5,000.
In one form or another,
KWAX has been around for
more than 35 years. The station
has accumulated much surplus
equipment over the years —
equipment that has been kept
on KWAX inventory should any
student group be interested in
establishing its own station.
This equipment includes
most basic studio and transmit
ting gear. By providing this
equipment, KWAX would
lower the start-up costs of a stu
dent station to $5,000.
Too much money? I would
note that a controversial
st udent -lobby ing organ izat ion
is receiving $9,000 this year
from the ASUO. according to re
cent Emerald reports.
What kind of station would it
lie? It would broadcast at 10
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watts in FM stereo — the same
power as KZAM's second fre
quency (102.3 FM). An antenna
placed atop Villard Hall would
enable the station to be heard
throughout the campus and ad
jacent neighborhoods.
Why not use KWAX for stu
dent programming? The test
argument against such a move
comes from the article itself.
Speech professor Ron Sherriffs
is quoted as saying that Univer
sity administrators feared
reprisals from the Oregon State
Board of Higher Education
because of “complaints of
obscenity" on the station.
If students ran KWAX. the
state board would have authori
ty to censor their programming
— and undoubtedly would find
themselves under pressure to do
so.
The advantages of a student
licensed station would be the
power to program independent
of administrative overview. If
students want a renaissance of
“Radio Free Eugene,” that is
how to make it happen.
Mike l.ee
Graduate student, philosophy
Perspectives
The disturbances in the West
Bank and Gaza reinforce a
number of longstanding truths
about the region. First, there are
problems between Israel and the
Arabs. Palestinians in par
ticular. that require resolution
as soon as possible.
Second, the problems that are
festering can only be resolved
through direct negotiations
and. while the division in Israel
between Labor and Likud is
unhelpful in moving the pro
cess forward, it is clear that the
fundamental obstacle continues
to lie in Arab unwillingness to
negotiate directly with Israel,
and in the PLO’s continued aim
to destroy Israel,
Third, the PLO, which clearly
is inciting and coordinating the
current troubles, sees
destabilization as a way to block
movement toward peace. It
ought not be encouraged.
Fourth, the rioting and
violence only serve those who
would like to force Israel to
withdraw without real security
or real peace. The re
establishment of stability on the
territories will help all those
who are serious about resolving
the problems and moving the
process forward — Israelis.
Palestinians, Egytians and
Jordanians.
Fifth, the United States can be
most constructive by not giving
encouragement to the sup
porters of the PLO, while
recognizing the importance of
all parties working construc
tively toward political solu
tions. A pro-PLO resolution at
the United Nations will only
send the wrong signal: that in
citement to violence can
weaken Israel and further the
PLO cause.
Sixth, recognizing the
possibility that it may take some
time to negotiate a political
solution, the short-term
priorities must be to put an end
to the tragic loss of*life and to
restore stability and the rule of
law in the territories. This, un
fortunately, will require the IDF
to maintain a high state of
vigilance and. when necessary,
the application of force to
counter the unrest.
Meantime, Israel will con
tinue to work with local Palesti
nian figures, many of whom
wish to see the restoration of
calm and stability in the region.
Stephanie Kustner, director
|ewish Student Union
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