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Justice Dept. Politicized, Marshall Says

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Associated Press

Supreme Court Justice Thurgood Marshall thinks the Justice Department under the Reagan Administration is more interested in politics than sound legal arguments, it was disclosed Thursday.

“I think there are certain movements that the Department of Justice is making which could be interpreted as trying to undermine the Supreme Court itself, which is, of course, impossible,” Marshall said. “They can’t separate the political from the legal. They write political speeches and put the word brief on them.”

Marshall made the remarks in an interview with columnist Carl T. Rowan to be broadcast Sunday on WUSA-TV here.

When asked his opinion of Atty. Gen. Edwin Meese III, Marshall replied: “No comment.” When asked whether members of the high court discuss Meese in private, Marshall responded: “No comment. No comment double.”

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Marshall said Meese does not appear to understand the doctrine of separation of powers, which is intended to balance power among the executive, legislative and judicial branches of government.

Marshall added that the solicitor general’s office in the Justice Department, which has responsibility for arguing the government’s positions before the high court, has departed from its traditional role.

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