European Stars and Stripes (Newspaper) - July 22, 1978, Darmstadt, Hesse Page 12 the stars and stripes saturday july 22, 1978 Anthony Lewis no Quick ways to humanize soviet society when the soviet Union behaves As it has in these last weeks we Are revolted. To convict a dissident o treason be cause he talked to a foreign correspondent to Send someone away or years because he wanted to emigrate and Hung a Banner out his window these Are the acts of me who Are in the deepest sense uncivilized. Along with the feeling of revulsion therein frustration. We want to do something about the soviet repression but what will actually have an effect the answer is far from Clear. But the recent trials should re mind us of some basics in approaching the soviet system.1. It is an essentially Lawless system whose rulers evidently so doubt their own legitimacy that they fear the slightest Dis particular fallacy in dealing with the soviets is to analogized their society Tours. Andrew Young in his blundering re column Sand comments Mark prisoners was trying to offer Hope that soviet dissidents would succeed As american civil rights workers did. Constant evolution is the Rule every where he said. But the analogy is false it. The user is not subject to our dynamic so Cial process i 2. The russians Are highly resistant to j open external pressure for americans who thought the user would ease jewish emigration in return for american Trade concessions including � me know that the Jackson Vanik Amend tent did not work. Similarly those of us who agreed with president Carter s pres for human rights in the soviet Union worry now that Anatoly she Haransky others have paid a penalty. .,3. Nevertheless the soviet system has changed. Shch Aransky was convicted on what Byi Western Legal standards was no evidence & to a charade of a trial. But in Stalin s Day he would have had no trial he would just a been shot or sent to a labor repression today is much More Selec. We surmise that there Are forces in the soviet ruling class favouring inter relaxation but that they Are overridden from time to time by tougher p police elements. Now with a leadership transition looming is one of those times. Prom All this it seems to me to follow that the West has to take the Long View. There Are no Quick ways to bring about Amore humane soviet society. And if we let immediate outrage determine our policy we May damage the Long term possibility of affecting soviet example it seen suggested that the ., in retaliation a the pull out of the i m olympics in mos cow. It is an appealing idea advanced by Good people mrs Shch Aransky among others. But if of foreign visitors come for the Olymbi. May they not be a modest Force for i Ning up soviet society again when the russians use crude tac tics against Amer an correspondents As they Are now doing Retaliation against soviet correspondents May be a necessary or unavoidable course. But i the process ends with fewer reporters in each other s countries would that serv America s interest or the soviet hard liners we have to be on guard against actions that satisfy an emotional desire to look Tough but that May actually Hurt Ameri can interests. For instance the Has Strong reasons political and economic to limit nuclear arms. If a Good Salt agree ment is attainable it would make no sense to say that we Are going to wait for it until the soviet Union becomes a democratic silliest idea in my View would be for the To declare the Helsinki agree ment of 1975 void because the soviets have failed to comply with its provisions for Freer movement of ideas and persons. Helsinki turned what would otherwise be Western views into International obligations and we ought to go on demanding that the user Suffill them. As the economist of London put it last week. There Isno reason to let the russians off the Helsinki imperative for the West is to stay True to its ideas. That sounds like an empty tactic in a world of Power but in fact it is not. By simply making Clear that we oppose soviet repression we sound a chord sympathetic to much of Mankind. Even the French communist party called on the so Viets recently to end All prosecutions humane values do have Dower if president Carter does Little More than make Plain his scorn for the corruption flaw and truth in the soviet trials he will have done a Good Deal. But lie duty is Noton the government alone but on any Pri vate citizen or institution that deals wit the soviet Union. When an american com Pany stands still for in Moscow Harvester seems to have Doo the damage is beings matter oui and we must stake our Al must remember Anatoly Yuri Orlov and Alexander other human rights Cam jailed and Vladimir step jews who wanted to Hope to move the soviet Grees but we must never please mr.pres1dent,we need War help come an Campaign for state. 4i grbdhfcb0�a�� Lmh a dvrs. Roy Wilkins Bright Side of the Bakke ru/�n1 the supreme courts verdict inthe Bakke is. Regents of the University of California Case held that a White male i discriminated against in his application for a Seal at the Davis medical school be cause 16 of 100 places were set aside for disadvantaged the court also said that race May be taken into account by the University in efforts to strike ethnic diversity within the , a Cloud of confusion seems to hover Over the nation concerning the Mer its and future of affirmative action. The problem seems to lie in the Bakke Case an the decision itself As being both Peculiar and narrow in Bakke an Engineer was in his 30s when he applied to the Davis medical school. He was troubled about the possible negative effect of his age in the admission decision. It is a matter of Public record that or. Bakke was rejected 13 times by 11different medical schools including Davis twice his own Alma mater and by on medical school that did not admit a single wrote the Davis medical school to ask if there were any Way Al All he could overcome the age Factor and be allowed to study Medicine. When the University did not respond Bakke wrote and told them he was going to mount a Legal Challenge to the school s special admissions program for minorities. He said he was opposed to racial slim majority of the supreme court held that Bakke must be admitted to the Davis medical school. But it was not a definitive decision on affirmative action by any Means. The court decided Only that the Davis plan was invalid with Justice Lewis pow Ell casting the decisive vote on the ground that the plan was too inflexible. Four justices John Paul Stevens. William Rehn quist. Chief Justice Warren Burger and curiously Potter. Stewart said that title i of the 1964 civil rights act prohibited the consideration of race at any education Al institution receiving Federal support that was a minority View. Justices Wil Liam Brennan Thurgood Marshall Byron White and interestingly Harry Blackmun took the opposite View. They agreed that race May be a relevant Factor that the1964 act was designed to assist racial minorities and not intended to declare affirmative action programs illegal. Justice Blackmun said pointedly it was impossible to draft an affirmative action pro Gram in a racially Neutral rewrote Fiat to get beyond racism we must first take account of the Natter of statutory interpretation the court s Stalwart liberals mar shall and Brennan lost Stewart but gained White and Blackmun. They did not see How Bakke could be viewed As a victim 01 racial discrimination or for that mat Ter How the Davis Sedil Igram could be held Elf Tom remember that the j with Bakke did not Issue because of their i act. There lies the Hopet yens who All along Wert j big that there was not by school to justify a Quot the school opened its Don civil rights lawyers the Bakke decision is a r Victory for Whites White iry for affirmative action i been approved As a promote equal c moreover rights act has a c by than title i and overcome pm with goals and t Justice Marshall for title i title a Ftp interpretation it a that during Roost of Utt i Constitution As inter redid not prohibit the both evasive forms of
