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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 G Bring this ad into Crystal’s Bridal Shop for 20% OFF any Regular Priced Dress in stock 2484 Briarcliff Road 3445 Memorial Drive Loehmann’s Plaza ,, s in Decatur 633-5855 284-6367 Sizes 14 - 46 Ladies Designer [ Fashions We have it all! We provide expert wardrobe planning, color analysis, and make-up instruction. felagotfc Ladies Designer Fashions 2385 PEACHTREE RD • 261-5100 Above Turtle* PEACHTREE BATTLE PROMENADE DAILY 10-6 Pool Equipment Check out these prices! • Polaris Pool Sweep *785 00 • Hayward S-200 Sandfilter *285°° • Hayward 3 /< H.P. Super pump *250°° Installation is ALWAYS included! Call Phil Brown 296-6734 ADVANCED Pool Service Fantastic Shopping Spree Enormous Savings Pay lor your trip! Seoul/Hong Kong/Tokyo *1495 00 PP/Dbl. Occ. 12 Days - 10 Nights Departure Date: September 18,1986 Limited Offer-Payment Due Aug. 16,1986 CHASTAIN 257-9600 Square Ca " ,or in,orma,ion TXAYLL (Service, Inc. * 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