Thursday, July 07, 2005

Wise Words from Robert Bork

Some of you may disagree with my charactization of the upcoming war over the courts. That's life, I suppose. But I would like to point out that the best Supreme Court Justice who didn't get to serve seems to agree with my analysis, as evidenced by this appearance on CNN. I'm talking, of course, about Judge Robert Bork.
KAGAN: Excuse me. Judge Bork, do you think it's fair to say she [Retiring Justice Sandra Day O'Conner] didn't have an judicial philosophy? Perhaps that she didn't have the same judicial philosophy that you share. But she probably -- she possibly had a more moderate philosophy and was expressing that as a swing vote on the high court.

BORK: I think that referring to a moderate philosophy and a conservative philosophy and so forth is quite wrong. The question is, those judges who depart from the actual Constitution, and those who try to stick to the actual Constitution.

She departed from it frequently. So that I wouldn't call that moderate. I would call it unfortunate. But she is -- she is -- as a result, she often determined the outcome by swinging from one side to the other.
I really like the way Judge Bork puts this; our views are so skewed that we see one judge who ignores the constitution regularly and another who follows it, and we label the one who ignores it as the Moderate. It's not Moderate to ignore the constitution and the principles on which this nation was founded. Or, at least, it shouldn't be!

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