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Bork: 'Brilliant' Roberts the Best Conservatives Will Get
CNS News ^ | 9/7/05 | Nathan Burchfiel

Posted on 09/07/2005 9:58:38 AM PDT by Ol' Sparky

Bork: 'Brilliant' Roberts the Best Conservatives Will Get

By Nathan Burchfiel

CNSNews.com Correspondent

September 07, 2005

(CNSNews.com) - One-time Supreme Court nominee Robert Bork Tuesday lashed out at the high court and the U.S. Senate for politicizing the judiciary and offered little hope to conservatives hoping to see Roe vs. Wade, the 1973 ruling that legalized abortion, overturned.

Bork said the possibility is "virtually nil" that Roe vs. Wade will be overturned in the next 10 years, even with John Roberts presiding as chief justice and a more conservative jurist replacing Sandra Day O'Connor. "I simply do not know if [Roberts] would vote to overturn constitutional mistakes of the past," Bork said.

Bork was nominated by President Ronald Reagan in 1987 for a seat on the Supreme Court, but came under heavy political attack from Democrats, especially Massachusetts Sen. Ted Kennedy, and was ultimately rejected by the Senate 58 to 42. The campaign to ruin Bork's nomination eventually became a prototype for the political Left, resulting in the judge's name being used as a verb.

A political or judicial nominee who had been "borked" was someone who had been subjected to a scathing attack by special interest groups and many in the establishment media. Tuesday, Bork joked about having his own verb. "I don't mind it," he said. "It's a kind of immortality."

But Bork was less understanding when it came to analyzing the behavior of the Supreme Court. The high court, Bork said, "has made itself the most important branch of government. Today's hearings are political circuses and there may be no going back," he told his audience at the National Press Club in Washington, D.C.

Roberts, President Bush's choice to replace the late William Rehnquist as chief justice of the Supreme Court, is well prepared for the post, Bork said. While praising Roberts for his "brilliant mind," Bork said he has "never heard [Roberts] say anything about judicial philosophy."

And that silence about judicial philosophy is the best decision Roberts could have made, Bork said, because it limits the political attacks against him. Bork's own outspoken judicial philosophy gave his political enemies many opportunities with which to attack him in 1987 and helped doom his nomination.

Speaking from that experience, Bork said potential Supreme Court nominees should never write or say anything about the court and never commit their vote on any issue in a Senate hearing.

"Senators now demand that nominees state positions," Bork said, "in an effort to make them state campaign promises." But he said the judicial branch shouldn't be politicized. The only way to fix the problem, he said, is to nominate and confirm judges who "will abide by the Constitutional principles" of the founding fathers.

Bork's political philosophy is characterized as constitutional originalism. He believes the Constitution should be interpreted "according to the principles the founders believed themselves to be enacting," not the way judges think the Constitution should work.

He added that conservatives should be happy with Roberts' nomination, in spite of the fact that the Bush nominee has not stated a position on hot button issues like abortion, affirmative action and homosexual marriage. "If they insist on a nominee who makes a campaign promise to them ... maybe he should not be confirmed," Bork said.

"They're not going to get any better nominees through," he added. However, Bork concluded that it would be "politically attractive" for the president to nominate a woman, possibly a minority, to replace retiring Justice Sandra Day O'Connor.

Roberts was originally nominated to replace O'Connor, but President Bush turned to Roberts for the position of chief justice following Rehnquist's death on Saturday. O'Connor will remain in her position as associate justice until a replacement is confirmed.

Bork suggested two justices from the U.S. Circuit Court of Appeals for the District of Columbia -- Judge Raymond Randolph and Judge Douglas Ginsberg. The latter was originally chosen by President Reagan to replace Bork as the nominee to the Supreme Court in 1987, but Ginsberg withdrew himself from consideration when it was revealed that he had used marijuana in the 1960s and 1970s.


TOPICS: News/Current Events
KEYWORDS: bushsoldyouout; johnroberts; judicialnominees; robertbork; scotus
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Given that we have maybe (Roberts) replacing Rehnquist and another stealth, maybe candidate (or worse, the Hispanic David Souter, Alberto Gonzales) replacing O'Connor, there is a very real possibility that court will actually move to the left or, at the very least, remain the same.

That is almost certain to happen if conservatives don't let it be known that anything less than a proven originalist in the Scalia mold is nominated for the next court vacany. If conservatives are too apathetic or trust of Bush and the GOP, we deserve what we're going to get -- another generation of judicial tyranny.

1 posted on 09/07/2005 9:58:39 AM PDT by Ol' Sparky
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To: Ol' Sparky
Boy, I sure hope all the FR know-it-alls don't start in on Mr. Bork. But you watch, they'll come here and post the same 'scintillating' opinions that have captivated us all since 2000.
2 posted on 09/07/2005 10:04:06 AM PDT by jla
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To: Ol' Sparky

I watched Bork last night and found him to be very enlightening.
To begin with he said the court is left on social issues, and that is because they like good press. He is saying the justices are thinking about what is written about them.


3 posted on 09/07/2005 10:04:58 AM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: Ol' Sparky
I agree with Judge Bork, he has every right to be angry at Congress as should we all.
He is also right that Roberts simply cannot "advertise" his positions on things.
What conservatives need to know about why John Roberts is no Souter or O'Connor is that his conservative values have been rock solid his entire life.
This is a man who knows himself and will not waiver. Sandra Day O'Connor STILL has no political philosophy.
4 posted on 09/07/2005 10:13:17 AM PDT by msnimje (CNN - Constant Negative Nonsense)
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To: msnimje

I think John Roberts will prove to be an excellent Chief and that Bush will nominate someone NOT nominated for a position this year (I'd still dream for John Ashcroft to be named, but Bush will probably choose a woman or a hispanic)


5 posted on 09/07/2005 10:21:55 AM PDT by princess leah (\)
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To: Ol' Sparky

I really don't like the fact that Bush is now saying he is looking for someone to replace O'Connor. He has already nominated someone to replace O'Connor. He now needs to find someone to replace Rhenquist. The selection of a chief justice is a separate matter and Bush gave up huge ground by treating this openly as an "O'Connor" replacement. I'm now officially scared.


6 posted on 09/07/2005 10:22:16 AM PDT by Rippin
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To: msnimje

Sure she does.

With phrases like "undue burden" and "this clause should be void in 20 years", how can she not?

Her philosophy is neither activist like Stevens nor constitutionalist like Rehnquist. It's a position of judicial supremacy, attempting to wield as much influence as possible. Who defines an "undue burden"? She does! God knows how much she loved being the infamous "swing vote".


7 posted on 09/07/2005 10:24:40 AM PDT by zendari
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To: Ol' Sparky
Yes, Bush bad, GOP bad. That's the message of 90% of your posts.

We know how you feel because it's practically the only thing you ever say.

8 posted on 09/07/2005 10:28:43 AM PDT by Dog Gone
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To: Rippin
I'm now officially scared.

Ha! You should come to Canada where every single appointee that sits on the supreme court is a political appointee by one person - the prime minister of Canada! How would you like to have to live under that scenario? Sheesh.

9 posted on 09/07/2005 10:31:40 AM PDT by Asfarastheeastisfromthewest...
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To: Rippin

No need. I suspect it's because he's going to nominate a woman and he can say he replaced O'Connor with another woman. Given that there's some excellent women on his short list, I don't mind. I want Janice Rodgers Brown.


10 posted on 09/07/2005 10:34:31 AM PDT by twigs
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To: twigs

Praying to God in Trinity that you are right.


11 posted on 09/07/2005 10:36:23 AM PDT by Rippin
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To: Asfarastheeastisfromthewest...

How would you like to have to live under that scenario?

::No thanks but the natural beauty up there might almost make up for it.


12 posted on 09/07/2005 10:37:51 AM PDT by Rippin
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To: Rippin
It has already been announced by the President that his appointment of Roberts has been changed from appointment for Associate Justice to an appointment as Chief Justice. The clear indication is that he wants to have the Senate's hearings to start on time based upon the prior review and clearances and then he wants to make a new nomination for Associate Justice. He will probably let the hearings start and then name his pick.

If the media wants a woman, I say let's give them what they want and send an appellant judge with 20 years of experience up to them to deal with -- Edith Jones.

13 posted on 09/07/2005 10:45:08 AM PDT by KC Burke (Men of intemperate minds can never be free....)
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To: Rippin
I really don't like the fact that Bush is now saying he is looking for someone to replace O'Connor. He has already nominated someone to replace O'Connor. He now needs to find someone to replace Rhenquist. The selection of a chief justice is a separate matter and Bush gave up huge ground by treating this openly as an "O'Connor" replacement. I'm now officially scared.

I don't understand your reaction at all and I disagree that Bush gave up "huge ground". Bush is the cat with feathers sticking out of his mouth and the Senate dems are the frightened canaries.

Bush denied the dems an additional grandstanding hearing on the Chief Justice appointment and spared us all by making this brilliant move, IMO. Since SDO has said that she will wait to retire once her replacement is confirmed, its obvious that the most pressing replacement is for the one who is no longer with us.

14 posted on 09/07/2005 10:51:35 AM PDT by demkicker ((Life has many choices. Eternity has only two. Which one have you chosen?))
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To: Rippin
My opinion, which I posted frequently in front of God and everybody, was that President Bush would nominate Justice Scalia to replace the Chief Justice, when that time came. I was wrong. In retrospect, Bush's change to name Judge Roberts to replace the Chief is a masterstroke.

Here's why: 1. Roberts already assembled the votes to be confirmed as Associate Justice (replacing O'Connor). That will not change as his is confirmed as Chief. 2. The Court will begin its 2005 Term on 3 October with a full complement of nine (O'Connor remains on the Court until her replacement is confirmed).

3. The Roberts choice eliminates one round of fights with the Democrats. (If Scalia had moved up, there would have been another nomination to replace Scalia.) 4. All of the conservative judges (and a few others) are now back in play to replace O'Connor on an orderly basis. 5. The Democrats will be unable to combine two nominations and argue them as a bunch about "balance on the Court." (Bush will probably wait until Roberts is confirmed to nominate a new replacement for O'Connor. This will force the nominations to be handled one at a time, regardless of the Democrat's hope to the contrary.)

Bottom line: As I said in two radio interviews on this subject, "Bush plays chess, when his opponents are playing checkers." He is several moves ahead of the Democrats on this, as on many other subjects.

Congressman Billybob

Latest column: "The Constitution is Finished: Not the US One, the Atlanta One"

15 posted on 09/07/2005 11:03:11 AM PDT by Congressman Billybob (Mayor Nagin is personally responsible for 6 times the American deaths as the Iraq War.)
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To: Dog Gone
Well, has the growth and scope of government as well as government spending, including discretionary spending, dramatically increased while the Republicans have been in charge? Has anything been done to control the borders? Now, you want us to accept the possiblity that nothing is going to be done to change the direction of the Supreme Court?

It's no wonder Republicans have won elections for years and conservatives have virtually nothing to show for it.

16 posted on 09/07/2005 11:19:14 AM PDT by Ol' Sparky
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To: Congressman Billybob
1) We don't even know Roberts holds the same views as Rehnquist, one of the three originalists on the court. So, already playing Russian roulette with one nominee. 2) It is almost certain now, we're going to get either another stealth candidate that is a maybe or, worse, a "moderate" like Alberto Gonzales, yet again for politically expediency.

So, how is this political masterstroke helping conservatives or changing the direction of the court?

17 posted on 09/07/2005 11:22:47 AM PDT by Ol' Sparky
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To: demkicker

It's a brilliant move to nominated two stealth, unproven justices to the bench when one of those retiring was a known originalist? The odds aren't very good of two stealth candidates ending being originalists.


18 posted on 09/07/2005 11:24:29 AM PDT by Ol' Sparky
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To: Ol' Sparky
Obviously, you have not read thousands of pages of Judge Roberts' legal opinions, as I have. He is the same "originalist" as his friend and mentor, the late Chief Justice.

I agree with you that Alberto Gonzales would be a poor choice. But I reject on the facts your assumption that Roberts is "a moderate like Alberto Gonzales."

It is self-evident that the appointment of Roberts will do nothing to "change the direction of the court." He is like the man he is replacing. The replacement of O'Connor by a conservative will amount to a half-a-Justice improvement, since half the time she defended the Constitution and half she sabotaged it. Not until we get to the replacement of Stevens or Ginsburg (both likely in Bush's term) will the direction change significantly.

Congressman Billybob

Latest column: "The Constitution is Finished: Not the US One, the Atlanta One"

19 posted on 09/07/2005 11:46:37 AM PDT by Congressman Billybob (Mayor Nagin is personally responsible for 6 times the American deaths as the Iraq War.)
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To: msnimje

I liked what Lincoln said about how the Senate are scoundrels if they ask, and the Nominee is a scoundrel if he answers.


20 posted on 09/07/2005 11:51:19 AM PDT by johnb838 (Pray for New Orleans.)
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