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Chief Justice Roberts advised President Reagan on AIDS: 'no scientist has said AIDS definitely cannot be casually transmitted'

by PageOneQ

When he was employed in the Reagan Administration Justice Department, Supreme Court Chief Justice wrote a memo to Fred Fielding, a counselor to the President who served from 1981-1986, on the topic of HIV transmission and AIDS, PageOneQ has learned.

In the memo Roberts urges the President to not support the conclusion that "as far as our best scientists have been able to determine, AIDS virus is not transmitted through casual or routine contact." The speech on domestic issues was the only time Reagan spoke about the AIDS crisis, which began during his eight-year administration.

A paragraph in the memo (portions of which are reprinted below) mentions a Florida dispute over the admittance of students with HIV to public schools.

In a statement which countered medical and science reports, Roberts wrote:

There is much to commend the view that we should assume AIDS can be transmitted through casual or routine contact, as is true with many viruses, until it is demonstrated that it cannot be, and no scientist has said AIDS definitely cannot be so transmitted. I would simply delete the third bullet item.

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THE WHITE HOUSE:
WASHINGTON
September 13, 1985
MEMORANDUM FOR FRED F. FIELDING
FROM: JOHN G. ROBERTS (initialed)
DEBORAH K. OWEN (initialed) (as to judges)

SUBJECT: Domestic Briefing Materials for Press Conference

David Chew has asked that comments on the above-referenced briefing materials be sent directly to Tom Gibson by 2:00 p.m. today. The materials discuss tax reform, the budget, trade, agriculture, AIDS, judicial selection, revisions to E.O. 11246 (affirmative action), comparable worth, Hispanic poverty, the supposed lack of women appointees, immigration reform, congressional relations, and bank failures.

The AIDS briefing points consider the dispute over admitting AIDS-afflicted children into the public schools. The third bullet item contains the statement that "as far as our best scientists have been able to determine, AIDS virus is not transmitted through casual or routine contact." I do not think we should have the President taking a position on a disputed scientific issue of this sort. He has no way of knowing the underlying validity of the scientific "conclusion," which has been attacked by numerous commentators. I would not like to see the President reassuring the public on this point, only to find out he was wrong later. There is much to commend the view that we should assume AIDS can be transmitted through casual or routine contact, as is true with many viruses, until it is demonstrated that it cannot be, and no scientist has said AIDS definitely cannot be so transmitted. I would simply delete the third bullet item.

I would also drop the last bullet item, stating that the President does not view this issue as "a strictly civil rights issue." The previous points state how the President sees the issue, and it should be left at that, without introducing possibly confusing references to civil rights. Certainly civil rights concerns are implicated, and this is in that sense a "civil rights issue," but that does not mean countervailing concerns do not outweigh any civil rights claims.

[Talking Points for President Reagan] AIDS
Federal Efforts to Find a Cure:
• AIDS education and research has been a top priority of the Department of Health and Human Services for over four years.
• Over $200 million is being spent on AIDS research and education in 1985.
• RR recently approved revisions to my 1986 budget, increasing initial requests for AIDS research and education by $41 million, for a total of $226 million.
• Leading scientists have stated that never before in history has so much progress toward understanding and combating a disease been made in so short a time.
AIDS/Afflicted Children Being Allowed to Attend Public Schools: • I have deep sympathy for the child and the parents of a child who is afflicted with this horrible disease.
• I can understand the concerns of parents who are fearful of their child contracting the disease in public places.


• However, as far as our best scientists have been able to determine, AIDS virus is not transmitted through casual or routine contact.
• There is the need for greater research and answers.
• And there is the need for rational consideration of the problems posed by AIDS -- considerations that balance public health concerns with those of afflicted children in critical stages of social development. We must not make them into modern day lepers.
• I do not see this issue as some have framed it -- a strictly civil rights issue.




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Originally published on Wednesday May 31, 2006.


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