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Robert Bork

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NEWS
December 19, 2012 | By Michael McGough
I expect that the death of Robert Bork will produce a lot of commentary about how different the law would be today if the Senate had confirmed his nomination to the Supreme Court in 1987. That's an obvious reaction. If Bork -- and not Justice Anthony Kennedy, who was confirmed for the position that eluded Bork -- had been on the court in 1992, Roe v. Wade might have been overruled instead of affirmed in its “essential holding.” On the other hand, Bork in Kennedy's place probably wouldn't have prevented the court from striking down laws criminalizing gay sex in 2003, because Justice Sandra Day O'Connor joined in that judgment (though on legal grounds different from Kennedy's majority opinion)
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NEWS
December 19, 2012 | By Michael McGough
I expect that the death of Robert Bork will produce a lot of commentary about how different the law would be today if the Senate had confirmed his nomination to the Supreme Court in 1987. That's an obvious reaction. If Bork -- and not Justice Anthony Kennedy, who was confirmed for the position that eluded Bork -- had been on the court in 1992, Roe v. Wade might have been overruled instead of affirmed in its “essential holding.” On the other hand, Bork in Kennedy's place probably wouldn't have prevented the court from striking down laws criminalizing gay sex in 2003, because Justice Sandra Day O'Connor joined in that judgment (though on legal grounds different from Kennedy's majority opinion)
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NEWS
December 19, 2012 | By David Savage
Robert H. Bork, whose failed Supreme Court nomination in 1987 infuriated conservatives and politicized the confirmation process for the ensuing decades, died Wednesday at the age of 85.  The former Yale law professor and judge on the U.S. Court of Appeals for the D.C. Circuit had a history of heart problems and had been in poor health for some time. But Bork was a towering figure for an early generation of conservatives. In the 1960s and '70s, he argued that a liberal-dominated Supreme Court was abusing its power and remaking American life by ending prayers in public schools, by extending new rights to criminals, by ordering cross-town busing and by voiding the laws against abortion.
CALIFORNIA | LOCAL
December 19, 2012 | David G. Savage, Los Angeles Times
Robert H. Bork, the conservative legal champion whose bitter defeat for a Supreme Court seat in 1987 politicized the confirmation process and changed the court's direction for decades, died Wednesday. He was 85. The former Yale law professor and judge on the U.S. Court of Appeals for the District of Columbia Circuit died at Virginia Hospital Center in Arlington, Va., from complications of heart disease, said his son Robert H. Bork Jr. A revered figure on the right, Bork inspired a generation of conservatives with his critiques of the liberal-dominated high court in the 1960s and '70s.
CALIFORNIA | LOCAL
December 19, 2012 | David G. Savage, Los Angeles Times
Robert H. Bork, the conservative legal champion whose bitter defeat for a Supreme Court seat in 1987 politicized the confirmation process and changed the court's direction for decades, died Wednesday. He was 85. The former Yale law professor and judge on the U.S. Court of Appeals for the District of Columbia Circuit died at Virginia Hospital Center in Arlington, Va., from complications of heart disease, said his son Robert H. Bork Jr. A revered figure on the right, Bork inspired a generation of conservatives with his critiques of the liberal-dominated high court in the 1960s and '70s.
BOOKS
November 12, 1989 | Leonard W. Levy, Levy, who teaches constitutional history at The Claremont Graduate School, is editor of the "Encyclopedia of the American Constitution" (Macmillan) and author of "Original Intent and the Framer's Constitution" (Macmillan)
In 1987, the Senate rejected the nomination of Robert Bork by the largest vote in history against a nominee for the Supreme Court, although he was preeminently qualified. His constitutional opinions, which accounted for the nomination, brought his defeat. Bork provoked intense opposition because he was perceived as a conservative judicial activist who had made himself a symbol of opposition to liberal activism.
OPINION
June 29, 2010 | Jonah Goldberg
Help us, Elena Kagan, you're our only hope. Many liberals, including Kagan, think that the "Borking" of Robert Bork during his 1987 confirmation hearings for the Supreme Court would deserve a commemorative plate if the Franklin Mint launched a "great moments in legal history" line of dishware. I don't share that view. And although I have no desire to rehearse all the ways in which Bork was mistreated by Ted Kennedy and the usual liberal interest groups, I do think an often underemphasized outcome of the Bork hearings is worth dwelling on. Bork was the last Supreme Court nominee to give serious answers to serious questions.
NEWS
April 24, 1988
"Bork Leads Rally for Right Wing" (Times, March 31). And now we know the real Robert Bork. The Robert Bork who might have become a Supreme Court justice. That he would come to speak to the Foundation for the Defense of Free Enterprise, made up of men such as the one who said: "Ben Franklin! He had the right idea. Don't give people the right to vote unless they own property." Our democracy may not always be perfect, but we knew what we were doing when we blocked the President's nomination of Robert Bork for the Supreme Court.
CALIFORNIA | LOCAL
June 29, 1989
Let's hear it for Robert Bork. The man whose entrails would have self-destructed if he had been compelled to express an "advisory opinion" about abortion to the Senate Judiciary Committee now arrogantly and voluntarily gives an "advisory opinion" in the flag case. It wasn't philosophy that made Kennedy infinitely preferable to Bork as a Supreme Court justice; it was character. GILBERT S. BAHN Thousand Oaks
OPINION
September 6, 1987
With all the dire warnings about what Supreme Court nominee Robert Bork will do to our American way of life, I began to develop a few doubts about him. Now, thanks to the American Civil Liberties Union breaking its policy and coming out strongly against him (Part I, Sept. 1), I am now convinced he would be a fine asset to the court. JOHN M. STALBERG Pacific Palisades
NEWS
December 19, 2012 | By David Savage
Robert H. Bork, whose failed Supreme Court nomination in 1987 infuriated conservatives and politicized the confirmation process for the ensuing decades, died Wednesday at the age of 85.  The former Yale law professor and judge on the U.S. Court of Appeals for the D.C. Circuit had a history of heart problems and had been in poor health for some time. But Bork was a towering figure for an early generation of conservatives. In the 1960s and '70s, he argued that a liberal-dominated Supreme Court was abusing its power and remaking American life by ending prayers in public schools, by extending new rights to criminals, by ordering cross-town busing and by voiding the laws against abortion.
NEWS
July 12, 2012 | By Christi Parsons
WASHINGTON -- Vice President Joe Biden warned of a gloomy four years for civil rights if he and President Obama are not reelected, summing it up in ominous tones by uttering two words: Robert Bork. Speaking to the NAACP at their convention Thursday, Biden asked delegates to close their eyes and picture an administration under Republican Mitt Romney -- and then led them straight to the conservative jurist whose proposed appointment to the Supreme Court by then-President Reagan many of them fought to defeat.
OPINION
June 29, 2010 | Jonah Goldberg
Help us, Elena Kagan, you're our only hope. Many liberals, including Kagan, think that the "Borking" of Robert Bork during his 1987 confirmation hearings for the Supreme Court would deserve a commemorative plate if the Franklin Mint launched a "great moments in legal history" line of dishware. I don't share that view. And although I have no desire to rehearse all the ways in which Bork was mistreated by Ted Kennedy and the usual liberal interest groups, I do think an often underemphasized outcome of the Bork hearings is worth dwelling on. Bork was the last Supreme Court nominee to give serious answers to serious questions.
OPINION
May 7, 2009 | Akhil Reed Amar and Ian Ayres, Akhil Reed Amar and Ian Ayres are professors at Yale Law School and the authors, respectively, of "America's Constitution: A Biography" and "Why Not?"
As if President Obama did not have enough on his plate! He will soon need to nominate a Supreme Court justice to replace David H. Souter, who intends to retire. While Obama is at it -- and to make things easier next time around -- perhaps he should consider nominating a second justice now, to fill whatever vacancy might arise after Souter's departure. Souter's formal letter to Obama indicates that he will step down at the end of this term -- presumably late June.
OPINION
August 31, 2005 | Erwin Chemerinsky, ERWIN CHEMERINSKY is a professor at Duke Law School.
AFTER SPENDING the last month reading countless briefs and memos written by John G. Roberts Jr., it is clear that he would very likely change the law dramatically in key areas such as privacy rights, separation of church and state and racial justice. Democrats need to oppose Roberts for the same reasons they fought against Clement F. Haynsworth Jr. in 1969, Harold Carswell in 1970, Robert Bork in 1987 and Clarence Thomas in 1991. The parallels to the fight over Bork are striking.
OPINION
November 2, 1997
Re "Drive Seeks to Block Clinton Judicial Nominees," Oct. 26: It is absolutely unbelievable that a man who vigorously supports the Judicial Selection Monitoring Project, former Judge Robert Bork, could have ever been nominated for the U.S. Supreme Court. The mere thought of what the court's actions of the past 10 years could have been with Bork on board sends a chill through me. LENARD E. McDONALD Culver City It seems we have a new definition for getting "Borked": the truth being bent to extreme right angles.
NEWS
July 13, 1987 | HENRY WEINSTEIN, Times Staff Writer
Sen. Edward M. Kennedy (D-Mass.) reiterated Sunday that he and other Democrats will make a major effort to block the confirmation of Judge Robert H. Bork of the U.S. Circuit Court of Appeals as the next member of the Supreme Court.
ENTERTAINMENT
January 11, 1988 | MICHAEL CIEPLY, Times Staff Writer
Forbes magazine is already raising hackles in Hollywood with advance word of a cover story set to hit the newsstands this week about the supposedly growing influence of "leftish" show-business figures over national politics. The article, called "Campaign '88: Get Ready For 'Selective Reality,' " was written by Senior Editor Allan Dodds Frank for the magazines' Jan. 25 edition.
CALIFORNIA | LOCAL
March 20, 1997 | ROSS K. BAKER, Ross K. Baker is a professor of political science at Rutgers University
Anthony Lake's abrupt withdrawal from consideration for the top CIA job can be seen as a case of senator-assisted suicide. In light of his slapdash management practices and his inexplicable decision not to divest himself of some stocks, Lake probably should not have been approved if it had come to a vote.
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