Rehnquist Nomination

Stanley Mosk, a distinguished jurist, criticizes Pat Brown for being inconsistent because he opposes the appointment of Rehnquist as chief justice of the United States, yet advocates the retention of all judges for the California Supreme Court.

There is nothing inconsistent about that position. All judges should be retained regardless of their philosophies as long as they are competent, judicious and honest. Their decisions should not be a litmus test for retention because that would tend to destroy the independence of the judiciary.

The choice of a chief justice for the United States is not a retention election. It is a selection process and it is perfectly proper to examine that nominee’s views on issues and to review that person’s background. Competence alone is not enough. It is tantamount to an election and that person’s character, judicial history and views is subject to analysis just as one would be if a candidate for a judgeship in a regular election.

Justice Mosk concludes his article with a statement that “Liberals can support the confirmation of Justice Rehnquist.” That is true if you are a 16th-Century liberal.

LOUIS B. FOX

Beverly Hills