December 19, 2012

Giants Walked the Earth

...And were it not for lying weasels like Sen. Ted Kennedy this giant would have graced the Supreme Court.

Robert Bork, who died today at the age of 85, was a former U.S. solicitor general, an antitrust scholar who taught (Bill Clinton, among others) at Yale, a judge on the U.S. Court of Appeals and an ardent foe of judicial activism. But he is best known for his failed nomination to the Supreme Court in 1987, which marked a turning point in our politics. "Borking" entered the Beltway lexicon. Political differences became an excuse for attacking someone's moral character.

I encountered his "Tempting of America" when researching my Dred Scott Book. That project fizzled, but I enjoyed the background reading: particularly "Tempting." That book more than any other kindled my interest in the judicial branch's temperament, philosophy and history.

Don't know if Jason Riley's piece is behind the paywall, but the ending should be enjoyed:

In an afterward to the 1990 paperback edition, Judge Bork commends President George H.W. Bush on his recent appointment of David Souter to the High Court, which Judge Bork assumes will help end "over half a century of liberal policy-making by the judiciary."

Who says Robert Bork wasn't an optimist?

Requiescat in pace.

Hoss Posted by John Kranz at December 19, 2012 2:18 PM

My opinion of Bork isn't as rosy since my first impression of him was, albeit media induced, as an activist religious zealot. Certainly not fair but the shades of gray are still in my memory.

As for Justice Souter, perhaps some left-activist power broker has the capability of making him "go Petraeus."

Posted by: johngalt at December 19, 2012 3:16 PM

I will confess that our judicial philosophies diverged a couple times over the years. However, comma, that I have a philosophy to diverge from is a credit to his magisterial book.

Posted by: jk at December 19, 2012 3:59 PM

I am reminded that the lying weasel Ted Kennedy is the greatest source of misinformation about this serious, highly accomplished, and consequential man. May his duplicitous soul rot in hell... (Ted's of course.)

Posted by: johngalt at December 19, 2012 10:52 PM | What do you think? [3]