European Stars And Stripes (Newspaper) - July 20, 1987, Darmstadt, Hesse                                Page 10 columns the stars and stripes monday july 20,1987 Tom Wicker two views on Bork nomination to High court two old Lions of inc Washington bar and the democratic party have entered on different sides the steadily growing conflict Over president Reagan nomination of Robert h. Bork to replace Justice Lewis Powell on the supreme court. That suggest something about How the Battle will be fought. Joseph a Nauji jr., a tireless and effective advocate of civil right causes for As Long As anyone this Side or Strom Thurmond can remember Laid Down in a Feller to the editor of the Washington Post the line Likely to be followed by the nominee s strongest opponents judge boric has made Crystal Clear his position against minority rights women s rights criminal defendants rights Church state separation one Man one vote privacy generally and abortion Choice in  in an article for the new York times on the tame Day Lloyd n. Cutler formerly counsel to presi Dent Carter rejected that argument. But he carefully refrained from taking an equally Adamant stand on the other Side stating instead the View that Bork is Nei ther an ideologue nor an extreme right Winger either in his judicial philosophy or in his personal position on current social  Culler is regarded As More centrist than Rauh but he described himself As also a Liberal Democrat and. An advocate of civil  he said his View was based on Long acquaintance and a study of the Nomi Nee s published articles and opinions and he predicted that if confirmed by the Senate Bork would be closer to the Middle than the right and not far from the Justice he would replace. That is not the judgment of some other studies published or in the works nor is it the conclusion of some Legal scholars alarmed for example by what the consider Bork s insistence on sharply limiting Access to the Federal courts but Cutler seemed to be outlining a third position favouring Bork s confirmation but not for the reasons that have led numerous right win groups and some senators to leap to his support. One can fairly say Cutler wrote that the confirmation is As much endangered by one extreme As the  no doubt he would consider Rauh s View one of those extremes the other extreme would differ from it primarily in Only one respect that Bork should be confirmed precisely a sus he fits Rauh s description and therefore would provide the vote towing the supreme court far to the right and keep it there for years to come. Cutler took  tack of trying to Justi George will now,., last m mfm5 by the Bork nomination on grounds that Bork is moderate conservative in the Mold of Lewis Powell and even he suggested Oliver Wendell Holmes and Louis Brandeis. That suggests that bark s More Moder ate supporters probably including the White House fear that fervent right Wing backing could be the kiss of death. A Post editorial for example asked who can imagine such an ogre in Public life As the one described in Rauh s letter. To the extent moreover i a i those opposing the nomination can be pictured As inc real ideological extremists Bork s Case is Likely to be strengthened. That s Good reason for his opponents to watch their rhetoric and charges but not for them to avoid ideological questioning of the nominee. After All if even one of Rauh s descriptions of Bork were to be supported by the record Many americans would consider him disqualified for the supreme court if any two or three of them should be sustained he would be so far on the fringe of judicial thought Aslo disqualify himself. That is Why the judiciary com Mittee and the Senate have a duty to examine minutely Bork s beliefs As exemplified in his writings and his judicial opinions and to support or oppose him according to their judgment on the results and not jus because he May have no ethical or Legal offences on his record. Tilt question is not whether the judge is a lib eral or a conservative. As Lloyd Cutter s third position tacitly suggests the real question is whether Robert Bork is a Nedical whose crucial votes would so Limi Access to the courts and so restrict the courts ability to protect the. Rights of americans As to vitiate their most vital function. Docs anyone seriously think the Senate should not satisfy itself on thai Point Han York Timu new South tourists find edification and fun at Alcatraz Alcatraz Island san Francisco Bay across the cold water with the killing current somewhere in san fran Cisco lives an b 2-year-old Man who in 1934 arrived by Railroad car at this Rockin inc Bay. He was chained to other convicts including Al Capone they had crossed the country in barred Railroad can that were put on a Barge and floated out to Alcatraz. Thus was Alcatraz theatrically inaugurated As a Federal correctional facility one that had nothing 10 do with correction. It had much to do with the glorification of j. Edgar Hoover who under stood that when gangsters were dramatized gang by slurs were glamorized. Small 22 acres