THE BATTALION Page 11
WEDNESDAY, NOVEMBER 14, 1979
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United Press International
WASHINGTON — Laetrile
supporters lost another round in
the Supreme Court Tuesday in
their battle to give cancer pa
tients access to the controversial
substance.
The justices let stand a Califor
nia Supreme Court decision up
holding the conviction of a doctor
for prescribing and conspiring to
sell laetrile, derived from the pits
of apricots and peaches.
Last June, the high court ruled
that terminally ill cancer patients
are not exempt from the govern
ment’s ban on interstate ship
ment of laetrile.
The case the court acted on
Tuesday involved the December
1975 conviction of Dr. James Pri-
vitera Jr. for prescribing and sell
ing laetrile, which is not an
approved drug under the Califor
nia health and safety code.
Privitera, 39, who practices in
West Covina, Calif., prescribed
laetrile to cancer patients, then
referred them to his associates
who imported and supplied the
substance.
Privitera, who faces a six
month jail sentence and five
years probation, appealed to the
U.S. Supreme Court.
His lawyers argued there is a
“fundamental right of privacy or
personal liberty” involved in “an
informed individual’s right to
choose a particular course of
medical treatment. ”
Says Carter must win Iowa
Kennedy tries underdog role
United Press International
DES MOINES, Iowa —Sen. Ed
ward Kennedy, D-Mass., deter
mined to sound like an underdog
during his first day of campaigning in
Iowa, said President Carter cannot
afford to lose the state’s Jan. 21 party
caucuses.
Politicking with union workers
and college students, Kennedy tore
into the president at every stop
Monday, with his 89-year-old
mother, Rose; his sister, Eunice; his
son, Teddy Jr., and nephew, Joe
Kennedy, there to offer encourage
ment.
A motorcade to Cedar Rapids and
more speeches before college stu-
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dents were on the schedule Tues
day. Kennedy was to leave for Min
nesota today.
“We know that the incumbent
cannot afford to lose Iowa, ” Kennedy
told a jammed union hall audience
Monday night in Newton. “We know
they’ve got an effective organization
that’s off the ground and off and mov
ing and they’ve got people in place.
“We know they’re going to use the
full range of power and influence of
the presidency,’’ he said. “But I
think we’ve got some friends here in
Iowa, and we hope they’re going to
give us a hand on those caucuses in
January.”
The idea that the Iowa contest is
more crucial to the president than to
him is a new one for Kennedy. A
month ago in Louisville, Ky., Ken
nedy dismissed results from pre
liminary party caucuses in Florida,
saying Iowa would provide “the first
real test” of his and Carter’s
strength.
Now, Kennedy aides are quick to
say the battle in Iowa is uphill — that
it apparently is not a fair test. Public
opinion polls show Kennedy ahead
in the state, but among the party
regulars — the ones most apt to be
involved in the caucuses — a straw
poll at a Democratic Party dinner
earlier this month gave Carter a 2-1
edge.
At various times Monday, events
of the day overtook Kennedy’s cam
paign. Carter’s decision to terminate
oil imports from Iran moved Ken
nedy to quickly support the presi
dent.
“I would support the president in
steps he has taken today with the
hope that it will speed up the release
date of the hostages.”
It was Carter’s reluctance to exer
cise presidential leverage that
framed much of Kennedy’s criticism.
Court rules
Carter can
end treaty
United Press International
WASHINGTON — A high Justice
Department official told a federal
appeals court Tuesday Congress has
no power to prolong the defense
treaty with Taiwan without Presi
dent Carter’s approval, and so Car
ter can unilaterally end the treaty.
Assistant Attorney General John
Harmon told eight members of the
U.S. Circuit Court of Appeals for the
District of Columbia that Carter’s
decision last year to end the treaty
was part of “one ball of wax” involv
ing opening of relations with Peking.
“It would be anomalous if the trea
ty, which was in fact directed against
the People’s Republic, would con
tinue to exist,” Harmon said.
The appeals court, with all but two
members sitting, held a rare expe
dited hearing on the government’s
request that it quickly overturn a rul
ing that Carter violated the Consti
tution by terminating the treaty
without approval from Congress.
U.S. District Judge Oliver Gasch,
acting in a lawsuit by Sen. Barry
Goldwater, R-Ariz., and 25 other
conservatives, ruled Oct. 17 that
Carter needs approval of two-thirds
of the Senate or a majority of both
houses to end the 1954 pact.
But Harmon told the court, “The
U.S. government cannot be bound
in a treaty by either the president or
the Congress acting alone.”
The Constitution, he noted, gave
the president power to make treaties
with consent of two-thirds of the
Senate, but did not address the
question of who has power to termin
ate treaties.
Harmon called that omission “evi
dence that there is intent that there
be no limitation” on the president’s
ability to terminate a treaty.
He argued that under internation
al law, the treaty became “inoper
able” on Jan. 1, 1979, when the Un
ited States formally recognized the
People’s Republic of China as the
sole government of China.
Under the Constitution, he con
tended, Carter has “power to ter
minate that treaty” effective Jan. 1,
1980, because of his sole authority to
recognize foreign governments and
his powers as commander in chief of
U.S. armed forces.
He also argued that Goldwater
and his colleagues had no standing to
file the suit because Carter’s action
did not nullify a previous vote they
had made, but only allowed the trea
ty to expire.
Harmon also said the courts have
no jurisdiction in the treaty-making
issue because it is a political ques
tion. He cited “nearly 200 years of
accommodation and compromise be
tween the branches on the question
that is before this court.
t a ^ocos
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