1 Wednesday, August 26, 1998 The University Daily Kansan Section A·Page Former Court justice dies Powell left legacy of judicial balance The Associated Press WASHINGTON — Lewis F. Powell stepped into a job he did not much want and left a big footprint. The retired Supreme Court justice, who died yesterday at age 90, crowned his legacy with a decision that upheld the concept of affirmative action while limiting its scope. Powell also cast the deciding vote in a decision rejecting claims of a constitutional right to homosexual relationships. "He approached each case without an ideological agenda, carefully applying the Constitution, the law and Supreme Court precedent regardless of his own personal views," President Clinton said. "His opinions were a model of balance and judiciousness." Powell died of pneumonia in his sleep at 3:30 a.m. at his home in Richmond, Va., the court said in a statement. Chief Justice William Rehnquist called Powell, who retired in 1897, the embodiment of judicial temperament. In 5-4 votes in which he was pivotal for the majority, Powell held: During the Nixon administration, that presidents enjoy absolute immunity from being sued for monetary damages if their misconduct in office was within their official duties. - That consenting adults have no constitutional right to private homosexual conduct. Powell said after his retirement that he probably made a mistake with his vote in that 1986 Georgia sodomy case. That medical school applicant Allan Bakke suffered unlawful discrimination because he was white. "Preferring members of any one race group for no other reason than race or ethnic origin is discrimination for its own sake," Powell wrote in the 1978 opinion. "This the Constitution forbids." Nixon told him he had a duty to serve, and Powell relented. A wealthy Virginian, Powell accepted his 1971 court nomination reluctantly, saying he was too old, at age 64. Nixon wrote Powell a letter when the justice retired in 1987, recounting his comment during the nomination that 10 years of Lewis Powell on the court was worth 20 years of anyone else. Powell was hospitalized in 1991 for a fainting spell and irregular heartbeat. He also had hip-replacement surgery that year. A year earlier, he had said his health was holding up better than he expected but added, "Let's face it, I've outlived my generation. Most of the friends I have held dear through my life are dead now." His wife, Josephine, died in 1996. They had four children. Embassy bombing suspect indicted The Associated Press NEW YORK—A federal grand jury secretly indicted Osama bin Laden, the Saudi millionaire believed responsible for the deadly U.S. embassy bombings in Africa, several weeks before the attacks, according to a source familiar with the grand jury. The sealed indictment, charging bin Laden with soliciting murder, came well before the Aug.7 bombings of U.S. embassies in Nairobi, Kenya and Dar es Salaam, Tanzania. the source said. The source, who spoke on the condition of anonymity, told The Associated Press on Monday that a grand jury in a Manhattan U.S. District Court indicted bin Laden several weeks ago. It was not clear what incident resulted in the indictment. The grand jury was convened more than a year ago to examine terrorist activities with a focus on bin Laden, The indictment came after evidence was presented that bin Laden had called publicly for acts of violence against U.S. citizens, including murder, the source said. The grand jury was convened after 19 bin Laden: Was indicted before the two bombings U. S. service personnel were killed when a bomb exploded in June 1996 at a military apartment complex in Saudi Arabia. There were suspicions that bin Laden was connected with the terrorist act. The charge of solicitation to murder can be brought against someone who may not be directly involved in the actual event, but who may have incited others to commit the violence or murder. The felony is punishable by life in prison. Marvin Smilon, a representative for U.S. Attorney Mary Jo White, said he could not comment about reports that bin Laden had been indicted. The attacks on the African embassies prompted the United States to retaliate Thursday by firing missiles at a training camp for militants linked to biden Laden in eastern Afghanistan and at a pharmaceutical plant in Khartoum, Sudan. The U.S. State Department said that bin Laden was one of the most significant sponsors of Islamic extremist activities in today's world. Bin Laden is believed to be hiding in Afghanistan, communicating his hatred for the United States in a series of fatwas, or religious edicts, faxed to the outside world, that encourage resistance to the United States. Lebanese respond to Israeli attack The Associated Press KIRYAT SHEMONA, Israel — Lebanese guerrillas fired a barrage of Katyusha rockets into northern Israeli towns late yesterday, injuring at least a dozen civilians and sending residents dashing for shelters. Such past strikes have provoked massive Israeli retaliation. The attack came only hours after an Israeli helicopter gun ship fired a rocket of its own, killing guerrilla commander Hossam al-Amin, who is reportedly second in command of the military faction of Shite Amal, as he was driving along the south Lebanese coastal road not far from the Israeli border. A representative for Amal in Lebanon acknowledged the killing but declined to give al-Amin's rank. Since 1985, when Israeli troops were first stationed in southern Lebanon to protect northern Israeli towns from attack, guerrilla groups have been waging war to force them out. The two sides exchange fire almost every day, and both countries have suffered heavy casualties during the years. But cross-border rocket attacks are unusual and run the risk of seriously escalating the lengthy conflict. After similar rocket assaults in 1996, Israel began a 17-day air offensive against guerrilla targets in which more than 100 Lebanese civilians were killed. An Israeli army also confirmed that several rockets also landed in the western Galilee area yesterday, and Israel radio said electricity had been knocked out in dozens of kibbutzim in the area. Raanan Aloni, a resident of Kiryat Shemona, said yesterday that a first round of rockets landed in the center of town of 14,000 people about 9:45 p.m. local time. One rocket crashed into the house next door but no one was home, he said. "Other neighbors ran to shelters," Aloni told Israel radio. A representative for the Kiryat Shemona area hospital told Israel radio that 12 people were being treated for light injuries, including shock. Samir Sulidan, a resident of another northern community, told Army radio that rockets landed in his settlement as well. There was damage but no injuries, he said. "People are in panic, in panic and fear. There are the wails of women and children," he said. He did not identify his village. Israeli warplanes yesterday also attacked suspected guerrilla hideouts in south Lebanon, reportedly injuring six civilians including a child and one guerrilla. Do it Right: HIT WESTPORT Manor Square in Westport 4050 Pennsylvania 816*931*4499 INFO MEETING: Thursday, August 27, at 9:30 p.m. in room 207 Robinson We provide the opportunity to learn folk-style wrestling and bring competitive wrestling to the students of KU. 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