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Wednesday, September 17. 1986 / University Daily Kansan
Justice's role in 1972 case questioned
United Press International
WASHINGTON — The Supreme Court was asked to reopen a 1972 case yesterday because of newly revealed evidence about William Rehnquist's role in it — a key issue of opponents trying to stop his confirmation as chief justice.
Frank Askin, a Rutgers University law professor, filed a petition with the high court for a new hearing in the Vietnam War-era case involving Army surveillance of civilians involved in lawful political activities.
"Justice Rehnquist violated the most basic canon of ethics — that no man can be a judge in his own case." Askin said. "He was up to his ears in this case."
Rehquist ruled on the case when he first joined the Supreme Court even though he had been at the Nixon Justice Department when the policy was being formulated.
Askin, who has tried in the past to reopen the case, acknowledged it is unusual for the Supreme Court to agree to rehear any case, but said, "This is a rare case."
He said Rehquist's confirmation hearing revealed new information about the extent of the jurist's role in formulating the government's domestic spying policy in the late 1960s.
More than 200 law professors have written members of the Senate argue that Rehnquist's failure to remove himself from the case when it was before the Supreme Court was a serious breach of legal ethics.
Rehquist was a top official in the Nixon Justice Department when the surveillance program began, but until recently it was not known he was involved in formulating the surveillance policy, according to Askin.
Rhennquis cast the deciding vote in the high court's ruling on the case, which prevented the plaintiffs represented by Askin from seeking a ruling that the surveillance of lawful political activities by the military is unconstitutional.
On Campus
Sharon Brehm, professor of psychology, will speak on "Passionate Love: A Comparison of Stendhal and Teresa of Avila," as part of the University Forum at 11:40 a.m. today at Ecumenical Christian Ministries. 1204 Oread Ave.
Campus Christians will meet at 6:30 p.m. today in Parlor C of the Kansas Union.
The KU Dungeons and Dragons Club will meet at 7 p.m. today in the Trail Room of the Kansas Union.
The KU Dr. Who Appreciation Society will meet at 7 p.m. today in the Walnut Room of the Kansas Union.
The KU Soccer Club will practice at 5:30 p.m. tomorrow at the University soccer fields at 23rd and Iowa.
The KU Women's Soccer Club will practice at 5:45 p.m. tomorrow at the University soccer fields at 23rd and Iowa.
The Study Abroad Club will meet at 7 p.m. tomorrow in the Big Eight Room in the Kansas Union.
Academic Computing Services will sponsor a seminar on the IBM VM Conversational Monitoring System at 1 p.m. tomorrow in the auditorium of the Computer Services Facility.
--a stereo, valued at $300, was taken between midnight Saturday
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Michelle Hefner, Topeka freshman, practices a jazz step during a meeting of the Expressions, a dance club. The club meets in Robinson-
On the record
A citizen's band radio, radar detector, sunglasses, cassette tapes and a portable television, valued together at $844, were taken between midnight Sunday and 3 a.m. Monday from a vehicle parked in the 1800 block of Illinois Street, Lawrence police said.
and 4:30 a.m. Sunday from a vehicle parked in the 1400 block of Tennessee Street, Lawrence police said.
■ Four wheels and tires, valued together at $1,100, were taken between 5:30 p.m. Sunday and 8 a.m. Monday from a car parked in the 1000 block of 15th Street. Lawrence police said.
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