European Stars And Stripes (Newspaper) - April 26, 1988, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday. April 26,1988 justices will reconsider key civil rights precedent Washington a the supreme court said monday it will consider overturning a key civil rights Prece Dent allowing people to sue private citizens accused of racial discrimination. Four dissenting justices accused the court of undermining the Trust minority groups have in it. The court in an extraordinary move said it will use a North Carolina Case involving charges of on the Job racial harassment to consider throwing out a 12 year old decision. In a strongly worded dissent Justice John Paul Stevens said minority groups May feel betrayed by the court s order Call ing for re examination of Floc 1976 Case. He also accused the five justices in the majority of indulging in unwise activism by agreeing to review an Issue that was not raised by either Side in the North Carolina Case. If the court decides to cast itself adrift from the constraints imposed bythe adversary process and to fashion its own Agenda the consequences for the nation and for the future of this court As an institution will be even More serious than any temporary encourage ment of previously rejected forms of racial discrimination Stevens continued. The court has inflicted a serious and unwise wound upon itself  Stevens was joined by justices Wil Liam j. Brennan Harry a. Blackmun and Thurgood Marshall. The majority said the dissenters were making it sound As though the court were overturning the 1976 decision. We have of course done no  thing the majority said. It is surely no affront to settled jurisprudence to request argument on whether a particular Prece Dent should be modified or  the court took the unusual step of Call ing for re argument of the racial harassment Case in a three Page unsigned order. The Case argued on feb. 29, now will be held Over until the court s 1988-89 term beginning in october. Voting to rehear the Case and expand its scope were chief Justice William h. Rehnquist and justices Byron r. White Sandra Day o Connor Antonin Scalia and Anthony m. Kennedy. The Case stems from an Appeal by Brenda Patterson a Black woman who supreme c ourt Roundup wants to use a Post civil War Law to Force her employer Mcclean credit Union to pay actual and punitive dam Ages for alleged harassment. The 4th . Circuit court of appeals in 1986 upheld a ruling by a Federal judge in Winslon Salem n.c., throwing out her suit. The appeals court said Patterson could not use the civil War Era Law to charge racial harassment. The appeals court said the Law is designed Only to ban racial discrimination in hiring firing and promo Tion. Patterson who worked As a Teller and file coordinator at Mclean credit Union for 10 years until she was Laid off in 1982, charged her Boss repeatedly harassed her because she is Black. Monday s High court action greatly expands the potential significance of the Case. The court said it will use the Case to reconsider a 1976 ruling called Runyons. Mccrary that said racially segregated private schools that refuse to admit Black students violate the civil rights act of 1866. The Law was enacted in the aftermath of the civil War to ensure that recently freed slaves would enjoy All the rights of  1976 ruling has Given civil rights groups an important Legal weapon to fight discrimination by allowing the Law to be used As a basis for suits against private individuals. In other action the court let stand a ban on sexually explicit Telephone message services in Arizona. The justices without comment re fused to hear arguments that the ban Vio lates free speech rights. It was the first dial a porn Case with which the court was confronted. Agreed to consider giving Federal prison wardens More Power to decide what publications inmates May  court said it will review a ruling that limits the authority of officials to censor Reading material behind prison bars. Turned away an Appeal by former vice president Spiro t. Agnew in a Law suit alleging that he was cheated out of More than $2 million in arranging a Deal Between a defense contractor and the Argentine government the justices without comment re fused to order the setting aside of More than $340,000 in a special fund agn Wand another businessman would receive if they win the lawsuit let stand a ruling that property owners rights Are not violated when the owners Are required to remove or shorten anything that could interfere with Low flying  court citing the Lack of a sub Stantial Federal question rejected an a peal by a Cheyenne wyo., Man fined $200 a Day for refusing to trim a 48-foot Cottonwood tree on his property. Some dopes Are losing their vehicles Seattle a More than 75 cars and several trucks have been seized As part of Zero tolerance crackdown by . Customs agents on people bringing even the tiniest amount of drugs into the United states from Canada. Those caught with drugs also face Federal charges and stiff Cus Toms fines. We believe we Are beginning Roget people s attention said . Customs service agent Lawrence Ladage. He said a lot of people Are wondering if that Man Juana joint was really Worth this kind of Aggra vation and loss. Most of the vehicles will be auctioned off after administrative hearings. A few will be returned to their owners he said. Ken Parker assistant . Attorney in Seattle said he expects to file charges later this week in a substantial number of cases. Until recently people caught atthe Border with what is called user amounts of drugs usually paid an administrative Fine to the customs service and were released. But under the new program which started March 21, anyone caught at a Border crossing wit drugs faces possible arrest on fed eral charges regardless of the Quantity. Any vehicle found to contain drugs is seized As is a vehicle carrying a Driver or passenger with drugs. On the spot fines Range from Sev eral Hundred dollars to More than $1,000, and those caught also must agree to appear in Federal court. Campaign train democratic presidential hopeful Michael Duka Kis and his wife. Kill stand on the rear plat form of their Amtrak Cotch As it leaves Pitts Burgh s Penn station sunday morning on a whistle Stop Lour of Northwest Pennsylvania. Dukakis said monday he would talk with terrorists holding hostages but never make concessions commenting a Day after Jesse Jackson criticized what he said was Dukakis View that we should not negotiate with  Meese Fis 5 Justice vacancies Keating to move in As associate Washington a attorney general Edwin Meese Iii temporarily filled five vacant posts in the Justice department monday it was announced by a spokesman who also said Francis Keating will be run Ning the no. 3 office at the department by the end of the week. Keating is the assistant Treasury department Secre tary nominated by president Reagan on Friday to be come associate attorney general. Keating will move in to the Post on an acting basis until confirmed by the Senate said Justice depart ment spokesman Patrick Kortyn. He will replace Ste phen Trott who left earlier this month to become a Federal appeals court judge. Before leaving for speaking engagements in Detroit monday Meese appointed Grace Mastalli and . Albright As assistants in the associate attorney Gener Al s office. Keating will choose his own deputies after he arrives. Mastalli works in the executive office of . Attorneys and Albright has been a special assistant to assistant attorney general John Bollon now in charge of the civil division. Department aides James Byrnes John Howard and Thomas Christina were named to fill three slots in theoffice of former Deputy attorney general Arnold Burns. Bums is one of two Justice department official who resigned in protest March 29 Over Meese s continued tenure. Five of Burns six deputies Are leaving. Burns last Day on the Job was Friday two Days after he and former assistant attorney general William Weld outlined their objections to Meese in a Blunt face to fact meeting with Reagan til the White House. Burns said a malaise has infected the Justice depart ment and Weld said that if it were up to him he would seek an indictment of Meese for his involve ment Vith longtime Friend e. Robert Wallach. Byrnes works in the department s lands division Howard is special counsel for personnel and Christina is a Deputy in the office handling Legal policy. 2 to run again for Congress by the associated press . Sen. Frank Laulin Borg d-n.j., announced his bid for a second term monday while Veteran demo cratic rep. Butler Derrick of South Carolina said hell seek an eighth term in november. In prepared remarks to announce his candidacy. Lautenberg did not mention Republican senatorial candidate Pete Dawkins a West Point hero who recently moved to new Jersey and announced feb. 29 he would seek Laulin Borg s seat. Lautenberg. 63, has run for office just once. Themon Dair multimillionaire who made his Fortune with the automatic data processing corp., upset Well known rep. Millicent Fenwick to Gam the six year Senate term. Fenwick has since retired from Congress. Lautenberg is opposed in the june 7 primary by political unknowns Elnardo j. Webster of Jersey City and Harold j. Young of Rahway. In Columbia s.c., Derrick said he will run again for his 3rd District scat. Derrick second ranking member of the House rules committee and a ranking member of the budget com Mittee is being challenged by Anderson surgeon Henry Jordon. Who lost to Democrat Ernest Hollings in the 1986 . Senate race. Jordon a Leader in the Carolina conservative coalition is expected to portray Derrick As More Liberal than the people he represents