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9TH CIRCUIT NOMINEE KUHL’S DOJ TENURE ‘DISTURBING’ To the editor: Your article ” When Past Legal Work Haunts Nominees” [Dec. 8, 2003, Page 6] suggested that “young lawyers” later seeking federal judgeships might find themselves criticized for work performed as government “foot soldiers” early in their careers, and gave Carolyn Kuhl, a Bush nominee to the 9th Circuit, as an example. However, while mentioning that Kuhl had aggressively urged the Justice Department to ask the Supreme Court to overturn Roe v. Wade,you failed to report not only the significant responsibilities and influence held by Kuhl during her tenure at Justice but also a number of the other very disturbing positions that she successfully urged the department to take when neither she nor the department was under any obligation to do so. For example, as a special assistant to the attorney general, Kuhl was one of the architects of the Reagan administration’s shameful attempt to reverse long-standing Internal Revenue Service policy that denied tax-exempt status to Bob Jones University and other private schools that practice race discrimination. As deputy solicitor general, Kuhl filed an amicus curiae brief with the Supreme Court on behalf of the government taking a position in support of a private employer that would have made it more difficult for women to prove sexual harassment in the workplace. In each case, the Court rejected Kuhl’s arguments. Kuhl’s record since leaving the Justice Department, including her record as a California judge, has continued to reflect a legal philosophy harmful to the rights and interests of ordinary Americans. The opposition to Kuhl’s confirmation is not a reaching back into her past when she was an inexperienced “young lawyer,” but a reflection of her career-long lack of commitment to equal justice for all Americans! Ralph G. Neas President People for the American Way Washington, D.C.

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