European Stars And Stripes (Newspaper) - December 4, 1987, Darmstadt, Hesse                                Pago 10 columns William Safire the stars and stripes Friday. Once Ember 4,1987 distrust has Merit in assessing soviet intentions the Gallup poll reveals that twice As Many  have a favourable opinion of Mikhail Gorbachev 35 luvs an unfavourable View of him. That is a stunning tribute to the till of soviet propaganda and dismaying evidence of the Power of american Wishful thinking. Reviewing he soviet Leader s pc surf Lii performance on arc Tom Shales. To critic of the washing ton i Ost gushed you might not Trust him hut you could t help Bill in  f null me among the shrinking minority Hinl Sci lit t likes nor trusts . Jept Bialiy after his hour Long exhibition of obsequious arrogance cunning manipulation evasive bullying and outright Dishons l. You cannot impose the minority s View on the a  lectured the totalitarian Leader. Democracy is after All. The Rule of the  this from the head of a nation thai crushes internal dissent and frustrates with tanks any move toward free elections in the coun tries it rules. They appealed to  he explain cd about sending 110.000 soviet troops into Afghanistan to occupy that Independent neighbor and rain death on tens of thou Sands of afghans. Meeting their desire a introduced our limited soviet contingent of troops. Such constancy in falsity is called the Hig lie he showed nothing but scorn for americans Sliu express Content Abdul the Kimich being persecuted for daring to ask to leave the soviet Union wha they re or Stii Irig is 3 brain Drain. A j of course we re protecting  for gel All that say americans afflicted with Gorby fever. He has to late those positions to Block the Kremlin hard liners. He s ebullient reformist differ ent from those Nasty soviet leaders of inc past. Sure he s a Tough commie and yes he Cui out lbs because Dan rather is too Lough on Afghanistan but Derby s Star wars and maybe we could making  changes by helping him. It help Hie cause of peace. Thai hopeful assessment apparent held by most americans puts those of us who Dibi the intentions of inc soviet leadership in inc role unreconstructed Hawks unwilling to Lake a Chance for peace. Look maybe history is passing us by and years from now we will be regarded As fool daggers and sourpuss is. Hut consider the possibility that our Dis trusting assessment has Merit. Open your minds to the chit Nve that Gorbachev and his Kab faction arc deft tacticians whose purpose has not swerved from the Lone term soviet goal of world domination. In that Case it would serve his purpose to buy Lime for economic restructuring of a corrupt system Long dominated by inc party faction it would help him 10 stimulate High tech Trade with us. To launch detente 11 to allow the . To catch up technologically just As detente i enabled it to pass us militarily. Moil important soviet strategic superiority would he achieved if inc United states could  its goal of a nuclear shield while Moscow maintains a significant advantage in missiles or secretly presses ahead with its own space defences. Certainly everything the soviet Side has Dune to Date has been aimed Al preventing us from building our shield. Gorbachev has accepted our proposals on the one area of Equality medium Range missiles but on the two areas in which inc russians arc stronger strategic missiles and conventional arms he will not Deal until he can break the . Resolve to test Star wars defences. Everything Points now to excruciating pressure by the burgeoning Gorbachev on he debilitated president Reagan at the fourth Summit conference in Moscow next summer. Wishful thinkers in the United Stales dovish candidates on the stump. . Negotiators with Tarcaly Ilis a Media enamoured of or. Good interview in inc Kremlin All will agitate mightily for removal of the  our beaten Down president will probably find a Fate saving Way to fold unless a big unless the sourpuss is and naysayers at Home immune to Gorby fever threaten to raise such a persuasive Ruck us that none of the treaties would be ratified. Countervailing pressure from the distrusting disliking right is essential to a solid Deal. That is when a suitable Compromise can be reached permitting testing without secrecy and reducing mis Siles and armies. If history proves americans who like Gorby were right to Trust their Hopes nothing will have been lost by hanging Lough. If the crowd that distrusts him turns out to be right and makes its influence Felt then the greatest danger to world Freedom will have been averted. James Kilpatrick Anthony Kennedy is careful methodical Jurist my thought for today for what Ever it May be Worth is Lutat it is High Lime to Calm the rancorous Waters that swirled around president Reagan s ear Lier choices of Robert Bork and Douglas Ginsburg for the . Supreme court. We have had quite enough of lha i. The Senate judiciary committee will begin hearings on the nomination of judge Anthony Kennedy on Dee. 14. F All goes Well the Senate will vote in late january and Kennedy will Uke his place on the court in time for the Oral arguments of feb. 22, by that time the court will have heard More than half the cases set for argument at this term but better Laie than never. So far. The Only influential voice raised against judge Kennedy is inc voice of the National Organ ipalion for women nowbut witnesses for Blacks and for homosexual groups probably Wilt testify in no position. Their objection is that by his vote in certain cases before the 9th . Circuit. Kennedy has shown an in san Sitts to civil rights. The objection is wholly without Merit. Dunn his 12 years on the circuit Bench. Kenned has Wonlu n More than 400 opinions. I our of these have dealt in. Conan Fly with the civil rights of Minori lies. In each instance. Kennedy acied in accordance with Well established Prece dents. The leaders of now Are especially upset by Kennedy s 1985 opinion in the comparable won Case from Washington slate. The Case arose in 1974 when the stale commissioned a study of its employment practices. A consultant looked at 62 Job classifications primarily filled by women and s9 classifications predominantly held by men. Then he set up a Complex rating system by which each Job was to be evaluated. In the end he concluded that scores of positions were of comparable  for exam ple the Job of a laundry operator female was comparable to the Job of truck Driver male and therefore should be paid Al the same Rale. When the state failed immediately to adopt this novel proposition a Union repro Selling state employees brought suit. A Federal District judge held that inc Sute had violated the civil rights act of 1964 by intentionally discriminating against women. The slate appealed to the qty circuit where the opinion of the lower court was reversed. Judge Kennedy speaking for a unanimous panel found that the disparities were simply inc consequence of the marketplace. The state had not been motivated by sex based considerations. Absent such evidence he said Law docs not permit Federal courts to intervene in a stale s system of compensation. Kennedy s opinion was a straightforward re state men of do Mcnary Law. A second Case involved inc Navy s action in honorable discharging one woman and two men on their own admission of homosexual relations while in service. The three sued separately charging violation of their civil rights. The sole question before inc four was whith or a naval regulation prohibiting person Nel from engaging in homosexual con duct should be nullified. Said Kennedy in View of the importance of the Mil itary s role the special need for discipline and order in the service the Poten tial for difficulties arising out of possible close confinement aboard ships or bases for Long periods of time and tin possible Benefit to recruiting efforts we conclude that Ai the prevent time the regulation represents a reasonable Ellort to acini. Iodate the needs of the government with inc interests of the  Kennedy went Oul of his Way to observe that he and his colleagues were not passing on the Wisdom of the Navy s Rule. That is nol their function. The regu lation says that. Except in rare instances homosexuals cannot be tolerated in a military  the Rule is per haps broader than necessary in other non military contents such a Rule Mihl infringe constitutional liberties. Nothing in inc opinion suggests a callous disregard of the civil rights of homosexuals generally. In a third Case Kennedy wrote a concurring opinion agreeing thai after nine years of desegregation. I a Dana Calif was entitled loan end to judicial supervision of its schools. In a fourth he upheld a judgment against i Small Awn in Cali fornia for discriminating against a mexi can owned restaurant that sought a liquor License. A close Reading of the four cases persuades me that Kennedy is 4 careful me huh nral. Unspectacular Jurist. If these cases Are the Best evidence that liberals uan Cue against him Iho have no Case at All