Measure Of Justice: Remembering The Battle Over Robert Bork
Rob Boston printable version print page     Bookmark and Share
Thu Dec 20, 2012 at 10:39:00 AM EST

I know it's not considered polite to speak ill of the dead, but I'm going to bend that rule today to comment on Robert H. Bork, the former federal appeals court judge and failed Supreme Court candidate who died yesterday.

Those of you who have been following church-state issues for a long time might recall that President Ronald W. Reagan nominated Bork to replace Justice Lewis Powell in the summer of 1987. Bork held extremely conservative - some might say reactionary - views, and the possibility of his elevation to the highest court in the land alarmed many groups.

So Bork opponents formed a coalition. Americans United was in the thick of the fight, and we noted that Bork's views on separation of church and state were far out of the mainstream. Our allies at People For the American Way examined Bork's speeches and writings and concluded in a report that he would "take a sledgehammer to the wall of separation between church and state."

One anecdote is telling: During a 1985 appearance at the Brookings Institution, Bork was asked about his belief that government-sponsored school prayer is not a violation of the First Amendment. A Baptist minister told Bork about a Jewish friend who was uncomfortable because he was pressured to take part in Christian worship in public schools. Did Bork not see the problem here?

Apparently not. Bork's reply was a flip, "So what? I'm sure he got over it."

Religious Right groups were very enthusiastic over the possibility of Bork joining the high court. The Rev. Jerry Falwell said the Bork nomination "may be our last chance to influence this most important body."

The Catholic League, the Heritage Foundation, Concerned Women for America, the Eagle Forum and other groups formed a pro-Bork caucus. The stage was set for a battle royal.

The atmosphere in the Senate grew heated at times. A defining moment came when U.S. Sen. Ted Kennedy (D-Mass.) stood on the Senate floor and delivered a speech titled "Robert Bork's America." In less than 500 words, Kennedy demolished the mask of moderation Reagan had tried to paste on Bork.

By the time Bork's nomination came up for a vote On Oct. 23, 1987, the only question left was the margin of his defeat. It was 58-42.

After the vote, Reagan nominated Douglas H. Ginsburg, also a federal appeals court judge. But stories soon surfaced that Ginsburg had smoked marijuana in the 1960s and `70s, and this was enough to force his withdrawal.

The third time proved to be the charm for Reagan. He nominated Anthony M. Kennedy, a judge on the 9th U.S. Circuit Court of Appeals. Kennedy won confirmation easily and remains on the Supreme Court today.

Kennedy's record on church-state separation has been decidedly mixed. Early in his tenure, he called for "substantial revision" of the high court's church-state rulings. But he surprised everyone in 1992 by authoring a powerful opinion in Lee v. Weisman, which struck down coercive, school-sponsored prayers during graduation ceremonies.

Kennedy has also moderated his views on social issues over the years. In 2003, he wrote the majority opinion in Lawrence v. Texas, which invalidated a Texas law banning consensual same-sex acts between adults.

What are the chances Bork would have ruled this way? Less than slim. In his best-selling 1996 book Slouching Toward Gomorrah: Modern Liberalism and American Decline, Bork wrote, "If all traces of taint are removed, if homosexuality is made to seem completely normal, a matter of indifference to anyone else or to society, young men and women uncertain of their sexuality will be that much more likely to be drawn into a homosexual life."

Kennedy is far from perfect - he supported private school vouchers in 2002's Zelman v. Simmons-Harris - but he's right at least some of the time. Bork would have been wrong every time. After he was rejected for a seat on the court, Bork grew increasingly bitter and adopted even more extreme views. I heard him speak at a few Religious Right gatherings. To be frank, his views were so far out on the fringe that he scared me.

Bork failed to understand the basic structure of American government. In Slouching Toward Gomorrah, Bork advocated amending the Constitution to allow a super-majority of Congress to nullify Supreme Court rulings. Imagine how that would have worked out in, say, 1954 in the wake of Brown v. Board of Education.

I'm sure there are people who loved Bork and are mourning his loss. My condolences to them. But his death should not prevent us from stating what has become obvious 25 years after the fact: The man was an extremist who did not belong on the Supreme Court.

The fact that Bork was kept off the court is a reminder of what advocates of church-state separation can do if they work together. Let's keep it up.




Display:
If only a similar coalition could have been successful in opposing Clarence Thomas' nomination.

by MLouise on Thu Dec 20, 2012 at 05:51:42 PM EST

Measure Of justice is an interesting topic for this blog article. Through this 7dollaressay blog we can get more information about measure of justice. I like this information which the author share through this measure of justice topic.

by Elsaale on Tue Jan 22, 2019 at 04:02:36 AM EST

If it's not an excessive problem let me know in case you're looking for a post author for your site. You have some truly extraordinary messages and also I feel I would be a respectable source. I 'd entirely love to compose some material for your web journal in return for a link back to mine. hire mortgage broker

by TimFink on Tue May 21, 2019 at 05:12:32 AM EST

Took me time to look whatsoever the affirmations, yet I really delighted in the message. It exposed to be Actually beneficial to me along with additionally, I identify to all the commenters listed below! It's continuously remarkable when you can not just be alerted yet in a similar way enthralled!. gmod free download steam code

by TimFink on Tue Jun 04, 2019 at 06:27:46 AM EST

Our main motive to provide different type of status like sad whatsapp status in hindi to the costumer. So click here to get status. sad whatsapp status is very wonderful.

by sandy123ban on Fri Jun 21, 2019 at 01:17:30 AM EST

Many thanks truly for your short blog post. As a matter of fact, browsing in the guidelines for determining a lot much more. I value the quick message. Actually many thanks! Significantly asked for. As a matter of fact, similar to this incredible fast short post message. Cool.Thank you for your blog. Visit Us

by TimFink on Thu Jun 27, 2019 at 07:36:25 AM EST

I really sharing in all minor bit of it. it is a pleasing site and suitably ventilated part. I longing to thankful. certified endeavor! You parents see a stimulating on the web diary and have two or three sensible substance. check the site

by TimFink on Mon Aug 26, 2019 at 05:15:20 AM EST

Considering any kind of kind of sort of kind of blog site page internet site will entirely make a couple of people just select to develop a number a remarkable strategy consisted of. I did hence a great that I was involving supports along with likewise distinct various points in. The application could be signed up with at one's cost, regardless, it's incredible. I merely every now and then send out extraordinary plans of individuals. best business insurance

by TimFink on Mon Sep 30, 2019 at 09:25:45 AM EST

This is such an amazing resource that you are providing in addition to you supply it away from many certainly at on the house. I appreciate seeing a blog site that acknowledges the well worth. I rejoice to have genuinely absolutely subjected this analysis as to its such an exceptional one! I am constantly looking for impressive messages along with furthermore additionally messages so I anticipate I'm privileged to have disclosed this! I desire you will be consisting of a whole lot additional in the future ... roofing specialists

by TimFink on Wed Oct 02, 2019 at 04:49:01 AM EST

This is a reputable message. This message utilizes absolutely quality information. I" m beneficial to evaluate it. Absolutely, incredibly helpful recommendations have made the very best use of the note listed below. Much thanks to you this. Maintain the acts of compassion. golf cart services

by TimFink on Tue Oct 08, 2019 at 05:59:08 AM EST

Excellent details on your net website, much required for conserving exceptional reliability to hand down to us. Fantastic understanding you bring this existing, it's remarkable to discover a web site that boosted elements such a superb quantity of information fretting certain professionals. injury attorney service

by TimFink on Thu Oct 10, 2019 at 02:50:10 AM EST

It is away definitely cost-free. I value seeing a blog that comprehends the expense of supplying an exceptional possession for nothing. article Whole lot's of information to study ... outstanding fellow holds Posting and also replaces to people. bail bondsman services

by TimFink on Mon Nov 18, 2019 at 08:37:09 AM EST

Commendable message. I just stumbled upon your blog internet website along with intended to firmly insist that I have really valued evaluating your article. Anyways, I'll be signing up for your feed along with I choose you to release one more time swiftly. Special Home Inspector

by TimFink on Fri Dec 20, 2019 at 07:50:44 AM EST


WWW Talk To Action


Cognitive Dissonance & Dominionism Denial
There is new research on why people are averse to hearing or learning about the views of ideological opponents. Based on evaluation of five......
By Frederick Clarkson (374 comments)
Will the Air Force Do Anything To Rein In Its Dynamic Duo of Gay-Bashing, Misogynistic Bloggers?
"I always get nervous when I see female pastors/chaplains. Here is why everyone should as well: "First, women are not called to be pastors,......
By Chris Rodda (195 comments)
The Legacy of Big Oil
The media is ablaze with the upcoming publication of David Grann's book, Killers of the Flower Moon. The shocking non fiction account of the......
By wilkyjr (110 comments)
Gimme That Old Time Dominionism Denial
Over the years, I have written a great deal here and in other venues about the explicitly theocratic movement called dominionism -- which has......
By Frederick Clarkson (101 comments)
History Advisor to Members of Congress Completely Twists Jefferson's Words to Support Muslim Ban
Pseudo-historian David Barton, best known for his misquoting of our country's founders to promote the notion that America was founded as a Christian nation,......
By Chris Rodda (113 comments)
"Christian Fighter Pilot" Calls First Lesbian Air Force Academy Commandant a Liar
In a new post on his "Christian Fighter Pilot" blog titled "BGen Kristin Goodwin and the USAFA Honor Code," Air Force Lieutenant Colonel Jonathan......
By Chris Rodda (144 comments)
Catholic Right Leader Unapologetic about Call for 'Death to Liberal Professors' -- UPDATED
Today, Donald Trump appointed C-FAM Executive Vice President Lisa Correnti to the US Delegation To UN Commission On Status Of Women. (C-FAM is a......
By Frederick Clarkson (126 comments)
Controlling Information
     Yesterday I listened to Russ Limbaugh.  Rush advised listeners it would be best that they not listen to CNN,MSNBC, ABC, CBS and......
By wilkyjr (118 comments)
Is Bannon Fifth-Columning the Pope?
In December 2016 I wrote about how White House chief strategist Steve Bannon, who likes to flash his Catholic credentials when it comes to......
By Frank Cocozzelli (250 comments)
Ross Douthat's Hackery on the Seemingly Incongruous Alliance of Bannon & Burke
Conservative Catholic writer Ross Douthat has dissembled again. This time, in a February 15, 2017 New York Times op-ed titled The Trump Era's Catholic......
By Frank Cocozzelli (64 comments)
`So-Called Patriots' Attack The Rule Of Law
Every so often, right-wing commentator Pat Buchanan lurches out of the far-right fever swamp where he has resided for the past 50 years to......
By Rob Boston (161 comments)
Bad Faith from Focus on the Family
Here is one from the archives, Feb 12, 2011, that serves as a reminder of how deeply disingenuous people can be. Appeals to seek......
By Frederick Clarkson (176 comments)
The Legacy of George Wallace
"One need not accept any of those views to agree that they had appealed to real concerns of real people, not to mindless, unreasoning......
By wilkyjr (70 comments)
Betsy DeVos's Mudsill View of Public Education
My Talk to Action colleague Rachel Tabachnick has been doing yeoman's work in explaining Betsy DeVos's long-term strategy for decimating universal public education. If......
By Frank Cocozzelli (80 comments)
Prince and DeVos Families at Intersection of Radical Free Market Privatizers and Religious Right
This post from 2011 surfaces important information about President-Elect Trump's nominee for Secretary of Education, Betsy DeVos. -- FC Erik Prince, Brother of Betsy......
By Rachel Tabachnick (218 comments)

Respect for Others? or Political Correctness?
The term "political correctness" as used by Conservatives and Republicans has often puzzled me: what exactly do they mean by it? After reading Chip Berlin's piece here-- http://www.talk2action.org/story/2016/7/21/04356/9417 I thought about what he explained......
MTOLincoln (253 comments)
Fear
What I'm feeling now is fear.  I swear that it seems my nightmares are coming true with this new "president".  I'm also frustrated because so many people are not connecting all the dots! I've......
ArchaeoBob (107 comments)
"America - love it or LEAVE!"
I've been hearing that and similar sentiments fairly frequently in the last few days - far FAR more often than ever before.  Hearing about "consequences for burning the flag (actions) from Trump is chilling!......
ArchaeoBob (211 comments)
"Faked!" Meme
Keep your eyes and ears open for a possible move to try to discredit the people openly opposing Trump and the bigots, especially people who have experienced terrorism from the "Right"  (Christian Terrorism is......
ArchaeoBob (165 comments)
More aggressive proselytizing
My wife told me today of an experience she had this last week, where she was proselytized by a McDonald's employee while in the store. ......
ArchaeoBob (163 comments)
See if you recognize names on this list
This comes from the local newspaper, which was conservative before and took a hard right turn after it was sold. Hint: Sarah Palin's name is on it!  (It's also connected to Trump.) ......
ArchaeoBob (169 comments)
Unions: A Labor Day Discussion
This is a revision of an article which I posted on my personal board and also on Dailykos. I had an interesting discussion on a discussion board concerning Unions. I tried to piece it......
Xulon (156 comments)
Extremely obnoxious protesters at WitchsFest NYC: connected to NAR?
In July of this year, some extremely loud, obnoxious Christian-identified protesters showed up at WitchsFest, an annual Pagan street fair here in NYC.  Here's an account of the protest by Pagan writer Heather Greene......
Diane Vera (130 comments)
Capitalism and the Attack on the Imago Dei
I joined this site today, having been linked here by Crooksandliars' Blog Roundup. I thought I'd put up something I put up previously on my Wordpress blog and also at the DailyKos. As will......
Xulon (330 comments)
History of attitudes towards poverty and the churches.
Jesus is said to have stated that "The Poor will always be with you" and some Christians have used that to refuse to try to help the poor, because "they will always be with......
ArchaeoBob (148 comments)
Alternate economy medical treatment
Dogemperor wrote several times about the alternate economy structure that dominionists have built.  Well, it's actually made the news.  Pretty good article, although it doesn't get into how bad people could be (have been)......
ArchaeoBob (90 comments)
Evidence violence is more common than believed
Think I've been making things up about experiencing Christian Terrorism or exaggerating, or that it was an isolated incident?  I suggest you read this article (linked below in body), which is about our great......
ArchaeoBob (214 comments)

More Diaries...




All trademarks and copyrights on this page are owned by their respective companies. Comments, posts, stories, and all other content are owned by the authors. Everything else © 2005 Talk to Action, LLC.