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August 22, 1986 - Image 22

Resource type:
Text
Publication:
The Detroit Jewish News, 1986-08-22

Disclaimer: Computer generated plain text may have errors. Read more about this.

WOOLF ROOFING

6,1
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THIRD GENERATION ROOFERS

Former Clerk

Continued from Page 1

181 S. Woodward Ave
Birmingham. MI 48011

2495 Walce

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David Jaffe in his Detroit law office, surrounded by portraits
of Oliver Wendell Holmes, William H. Rehnquist and former
Attorney General Edward H. Levi.

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22 - Friday, August 22, 1986

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THE DETROIT JEWISH NEWS

duced to a Liberal-
Conservative battle.
He cited a recent Supreme
Court decision on whaling
which went 5-4 "against the
whales."
"Rehnquist was with the
four," Jaffe said. It was not a
Liberal ruling. "It means he
looked at the law and made
his best judgement."
On religion/state issues,
Rehnquist "thinks that reli-
gion has more of a role in
society than, say, (Justice
William) Brennan would." He
does not believe in an un-
bridgeable wall between reli-
gion and state.
"He believes that there is a
connection," Jaffe went on to
say. "For example, he permit-
ted chaplains of state legisla-
tures to offer a prayer at the
beginning of sessions.
"The text of the First
Amendment fights with it-
self," Jaffe observed. The
amendment calls for the free
exercise of religion and also
that no law shall be made re-
specting an establishment of
religion.
"I guess Rehnquist is more
of a free exerciser than some
of the others," Jaffe said.
According to Jaffe, a
graduate of the University of
Chicago Law School, Re-
hnquist's ideology in no way
threatens American Jews.
"I don't think he has any
real hostility to anything
that is important to the
Jewish community. He may
reach different conclusions,
but they are not dangerous
conclusions."
In fact, "Rehnquist is closer
to the traditional Jewish
position on quotas, which is
against them."
Rehnquist favors affirma-
tive action as a way of break-
ing down barriers, Jaffe said.
Although laws that "are
meant to be inclusionary very

quickly become exclusio-
nary."
Jaffe termed the con-
troversy over Rehnquist's
owning property with restric-
tive covenants, "childishness"
calling such covenants
"meaningless in American
life today."
He admitted to knowing
few particulars about the
charge that Rehnquist haras-
sed voters in the 1962
Arizona elections, but said,
"If he says he didn't harass
voters, I believe him."
Jaffe said that he worked
quite closely with the justice,
and that he was "open, per-
sonable, delightful to work
with."
"Rehnquist's method was to
go to the heart of the issue. It
was good to work with him
because you aren't sent on
wild goose chases.
"He laughs, he plays prac-
tical jokes, he likes to place
small wagers on things. He's
bet the clerks how deep the
snow was outside, or on the
outcome of ball games."
As to what impact Re-
hnquist would make in the
chief justice's chair, Jaffe said
that Rehnquist would have
greater seniority then prev-
iously and more opportunity
to decide who will write the
Court's majority and minority
opinions.
The chief justice also has
responsibility for the ad-
ministration of the federal
court system, an area where
Rehnquist "has shown no
sign of interest" as yet. "I'm
sure he'll do a good job," Jaffe
added.
"Beyond that, there's what-
ever persuasive force you can
bring into your role as chief
justice."
Perhaps to placate those
opposed to a Rehnquist ap-
pointment, Jaffe observed,
"He'll have no more votes in
October than he had in the
last 15 years."

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