Newspaper Page Text
Flap over Rehnquist deed
called ‘tempest in a teapot’
by Joseph Polakoff
TSI’s Washington correspondent
WASHINGTON—Criticism of
William Rehnquist at the Senate
hearings on his nomination as chief
justice for having a deed that pro
hibits sale or lease of his summer
home in Vermont to “anyone of
the Hebrew race” was described as
“a ludicrous charge” by a leading
constitutional lawyer who handles
Supreme Court issues for a Jewish
national legal organization.
“There are many things one can
criticize Rehnquist for but this is a
ludicrous charge,” said Nathan
Lewin, national vice president of
the Commission on Law and Pub
lic Affairs (COLPA) which was
formed 23 years ago by Lawyers to
protect Jewish legal rights.
“It’s a tempest in a teapot,”
Lewin said (to this reporter).
“Clearly no deed with such a res
trictive covenant dealing with race
or religion is enforceable.” He
pointed out that in 1948 the Su
preme Court had invalidated such
covenants in the case of Shelley vs.
Kramer and later under Title Seven
of the Civil Rights Act in 1967.
While deeds to hundreds of
thousands and possibly millions of
homes in the United States may
bear a restrictive covenant, Lewin
noted, all of them are invalid.
“Nobody cares about it,” he said.
“It’s a dead letter.”
A Supreme Court official,
speaking on background (to this
reporter), said similarly that such
covenants are “impermissible”
under federal law. Wally Malley,
Vermont’s assistant attorney gen
eral, said the clause is invalid in
Vermont under the civil rights act
Ted Kennedy
that says “the sale, lease or transfer
of real estate shall not be denied
any person because of race, reli
gion, color or national origin.”
Sen. Patrick Leahy (D -Vt.) dis
closed that a home in Greensboro,
Vt., that Rehnquist bought in 1974,
had the restrictive deed. Calling
the clause “quite obnoxious,”
Rehnquist said he was amazed to
find out about the restriction. Cal
ling the restriction “meaningless in
today’s world” and “unenforceable,”
Rehnquist told Leahy that “if there’s
a procedure under Vermont law”
to bring that about, “I certainly
would go through it.”
Leahy told Rehnquist that while
the convenant is banned by state
law, too, it would look bad for the
chief justice of the United States to
own a property with a restrictive
covenant. Malley said Rehnquist
would have to go to court to remove
the covenant. His name is not on
the deed for the property which he
bought for $65,000 (from John and
Joan Castellvi).
Allen Rothenberg, a Philadel
phia attorney, is COLPA’s presi
dent. Lewin has written the briefs
and argued the court cases for
COLPA since he left the post of
deputy assistant attorney general
in 1969. He was previously a dep
uty assistant secretary at the State
Department and an assistant to the
U.S. solicitor general at the De
partment of Justice.
Later in the hearing. Sen. Ted
Kennedy (D -Mass.) disclosed that
the deed to Rehnquist’s former
home in Phoenix included a cov
enant barring its sale to “any per
son not of the white or Caucasian
race.’.’ Rehnquist said he was not
aware of the proviso until it was
discovered by FBI agents several
days earlier. Rehnquist bought the
property in 1961. As in the Ver
mont case, the covenant is invalid
under federal and state laws. Sen.
Leahy said that he knew of nothing
in Rehnquist’s background that
would “suggest any anti-Semitism.”
Among witnesses called by Dem
ocratic senators opposing Rehn
quist’s nomination on the third day
of the hearings was Rep. Ted Weiss
(D -N.Y.), head of the Liberal Cit
izens for Democratic Action. “As
chief justice, Rehnquist will further
divide this country between the
privileged and the poor, between
white and black,” Weiss said. “We
feel the role of chief justice must be
held by someone who can bring
this country together.”
a
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S JUDGE
CASTELLANI
AUGUST 12 NON-PARTISAN PRIMARY
Dear DeKalb Voters:
In recent years DeKalb voters have shown a remarkable
and intelligent interest in judicial races. I have been proud to
serve as part of the vibrant and progressive bench DeKalb now
has. I hope you will examine my qualifications and allow me
to continue to serve you.
Sincerely,
Superior Court Judge, Stone Mountain Judicial Circuit (DeKalb County), November 30, 1984-present
United States Magistrate, April 1982-November 1984 • First Assistant U.S. Attorney, Northern Dis
trict of Georgia, chief civil trial attorney and attorney supervisor for District, 1977-1982 • Instructor,
Attorney General's Advocacy Institute, Washington, DC, 1980 • Private practice, Brent, Castellani &
Palmer, Decatur and Atlanta, 1973-1977 • Assistant Attorney General, State of Georgia, Chief of
Civil Division, 1967-1973 • Associate, Lipshutz, Macey, Zusmann & Sikes, Atlanta, 1966-67 • Mem
ber of the American Judicature Society and the Georgia Bar, Decatur-DeKalb Bar, Atlanta Bar, Lawyers
Club of Atlanta • Leadership Atlanta, Class of 1984 • Honor Society graduate, Emory University
School of Law, 1966 • B.A., Hobart College, Geneva, New York.
We are proud to support Judge Castellani:
Harold L. Arnovitz
Mr. and Mrs. Asher I. Benator
Mr. and Mrs. Morris Benator
Dr. Marjorie Blum
Mr. and Mrs. Bruce Cohen
H. William Cohen
Susan Feinberg
Mr. and Mrs. Stuart Finestone
Mr. and Mrs. William A. Gordon
Isaac N. Habif
Leonard N. Habif
Mr. and Mrs. Herman Hazen
Myron Kramer
Alan Landis
Mr. and Mrs. Robert J. Lipshutz
Wendy Ludwig
Mr. and Mrs. Dan D. Maslia
Michael Means
Mr. and Mrs. Walter T. Mott
Mr. and Mrs. Edwin Palmer
Milton Pergament
Larry Pike
Martin Pollock
Douglas Roberto
Louis Taratoot
Lynda Walker
Paid lor by the Committee tor Judge Castellani, 119 East Maple Street. Decatur, QA 30030. Susan Ellis Purdom & M T Simmons. Co-chairpersons. Herbert J.
GrilliUv Treasurer
PAGE 7 THE SOUTHERN ISRAELITE August 8, 1986