Alito must avoid being 'Borked'

San Francisco Chronicle ^ | 1/8/6 | Bob Egelko

[SmithL]

The lesson of Reagan's nominee is: Say just as little as you possibly can

Media critic Danny Schechter was referring to television when he titled one of his books "The More You Watch, the Less You Know.'' But he just as well might have been describing the trend in Supreme Court confirmation hearings.

Consider Robert Bork, President Ronald Reagan's nominee for a seat on the court in 1987, and the last nominee to be defeated on the Senate floor.

There's still bitterness among Bork's supporters -- who coined the term "Borking'' for the destruction of a Supreme Court candidacy -- but the fact is that the Senate and the American people learned much more about Bork than about the nominees who followed him, including new Chief Justice John Roberts.

The candidates, and the presidents who chose them, learned something from Bork's hearings, too.

"One thing the administration learned is not to nominate anybody who has a track record, like me,'' Bork, now a senior fellow at the Hudson Institute in Washington, D.C., said in a recent interview with The Chronicle.

Another lesson: "The Bork episode drove home how wise it is to keep your mouth shut if you can get away with it,'' said Vikram Amar, professor of constitutional law at UC Hastings in San Francisco. "That doesn't mean that it's in the Senate's or the country's best interests.''

The Bork hearings are a useful measuring stick as the Senate Judiciary Committee prepares to hold confirmation hearings, starting Monday, for Samuel Alito, President Bush's nominee to succeed the retiring Justice Sandra Day O'Connor.

Like Alito, Bork was picked to fill a crucial swing seat on a closely divided court, replacing Justice Lewis Powell. As with Alito, a critical issue was whether Bork would...

[ExcursionGuy84]

It seems to me Like Mr. Bork is placing the blame on his "lost" nomination on himself: but He's Wrong!

It was ALL the Fault of Senator Edward "Cognac & Chappaquiddick" Kennedy, who made all those disparaging and overly-false statements about Bork that greased the Senate against him.

[dc-zoo]

Just hope they don't find another hairy coke can.

[Eric in the Ozarks]

Count me as one conservative who is pleased Bork did not make it to the High Court.

[Bean Counter]

Again, "Borking" Judge Alito is not as accurate of a description as "Bolton-ing" him would be.

I still think the 'Rats will try and demand information about Judge Alito that they have no right to see (presidential papers and such from when he was in the Reagan Admin.) and then attempt to filibuster his nomination based on having not answered questions that are completely inapproriate in the first place.

Same technique that they used on John Bolton.

Let us hope that someone's "Constitutional Option" trigger finger is itchy...

[Slings and Arrows]

They're right. The Dems plan to call this surprise witness:

[youthgonewild]

Count me as another. Unlike the bizarrely bearded judge, I support the 2nd Amendment.

[Democratshavenobrains]

I saw the confirmation hearings of Bork on C-Span last week. He looked kinda like the Ted Kazinski with his crazy looking hair and beard. I can understand why he had little support in the Senate and the public at large. I guess that is why Bush is nominating clean cut guys in their early 50's.

[Eric in the Ozarks]

You are right on.