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12
FRIDAY, SEPT. 4, 1987
EQUAL -HOUSING
OPPORTUNITY
Norris Piece
Continued from Page 6
Bork believes in judicial
restraint — that jurists
should interpret the law
rather than create it. Perhaps
Norris has difficulties with
this because he is haunted by
the specter that the high
court might someday be
dominated by justices who ac-
tually believe our Founding
Fathers intended something
when they wrote the
Constitution.
The judicial process is not a
policy science, but a way of
reading the Constitution so
as to leave the art of govern-
ing where it belongs — in the
legislatures and executives of
the nation. Very simply,
Judge Bork believes that
legislating should be left to
the legislators.
Norris asks, "What should
be the criterion for presiden-
tial, Senate, and public
evaluation of a nominee?" He
maintains that the President
and the Senate should
"cooperate as equals" on this
matter, and that "the Senate
has as much legal power as
the President over the ap-
pointment." To the contrary,
the President appoints
Supreme Court justices with
the advice and consent only, of
the senate. It is not the
privilege of the Senate to ap-
point or choose justices, but
only to lend the President its
advice and consent regarding
his choice. That is to say, the
Senate is strictly to deter-
mine whether a nominee has
the moral character, legal
skills, and judicial tempera-
ment necessary to be a
Supreme Court justice. Judge
Bork's political views are not
and should not be put on trial
here. However, Senate liberals
have stated that this is
precisely what they intend to
do, and this is, indeed, what
Mr. Norris has done. They op-
pose Bork on the grounds
that he is, in their words, "a
conservative ideologue," and
in Norris' words, that he is
not an "open-minded person."
Judge Bork is eminently
qualified to sit on the U.S.
Supreme Court. For over
twenty years, as professor at
Yale Law School, Solicitor
General, acting U.S. Attorney
General, a practicing lawyer,
and a U.S. federal appeals
court juge, Robert Bork has
ceaselessly demonstrated his
legal prowess, as one of the
most extraordinary legal
minds of our time. During his
tenure as a judge, not one of
Bork's decisions has ever
been reversed or overturned,
and he has voted with the ma-
jority of the judges ninety-
four percent of the time. In ad-
dition, the American Bar
Association gave him its
highest rating: "exceptional-
ly well-qualified." In fact,
former U.S. Supreme Court
Chief Justice Warren E.
Burger stated, "I don't think
in more than fifty years since
I was in law school there has
ever been a nomination of a
man or woman any better
qualified than Judge Bork."
For those, such as Norris,
who would have us b elieve
that a U.S. Supreme Court
nominee's philosophy should
play a major role in confirma-
tion, Robert Bork represents
the judicial philosophy that
the President (elected with
the mandate of the American
people) and most Americans
believe in. His nomination
provides a chance to change
the longterm radical course of
the high court into a direction
long favored by a majority of
the American people. Bork's
strong positions on affir-
mative action, law and order,
crime, and drugs are popular
with the voters.
In., conclusion, Mr. Norris
would be best advised to
follow the counsel of New
York Governor Mario Cuomo
in his recent rebuke of
presidential candidate and
Senate Judiciary Committee
Chairman Joseph Biden for
his premature anti-Borkism:
"It's the worst kind of irony to
condemn Bork on the grounds
that he's not open-minded
when you yourself haven't
waited for the hearings to
take place!"
_
Debbie K. Schlussel
Representative,
the National Jewish Coalition,
Southfield
mi1
"11 NEWS
USSR To Hold
Chagall Exhibit
New York (JTA) — Follow-
ing years of official neglect by
his motherland, Chagall
posthumously, coming home.
For the 100th anniversary of
the great Russian Jewish ar-
tist's birth, a major exhibition
of paintings by Marc Chagall
is scheduled to open at
Moscow's Pushkin Museum
in September..
Long neglected in the place
of his birth while the Western
world praised him as one of
the greatest contributors to
20th century art, this official
Soviet recognition of the
Jewish artist is regarded as a
tangible result of the new
Soviet policy of "glasnost."
However, plans for the show
have not yet been announced
in the USSR.
Some of Chagall's paintings
have been shown in the Soviet
Union in the past, but his per-
sonal contribution to 20th
century art has not until now
been officially recognized.