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Encyclopedia > Robert Bork
Robert Heron Bork


In office
1982 – 1988
Nominated by Ronald Reagan
Preceded by Carl E. McGowan
Succeeded by Clarence Thomas

Born March 1, 1927
Pittsburgh, Pennsylvania

Robert Heron Bork (born March 1, 1927) is a conservative American legal scholar who advocates the judicial philosophy of originalism. Bork formerly served as Solicitor General, acting Attorney General, and circuit judge for United States Court of Appeals. In 1987, he was nominated to the Supreme Court by President Ronald Reagan, but he was not confirmed by the Senate. Currently, Bork is a lawyer, law professor, best-selling author, and fellow at several prominent conservative organizations. Image File history File links Bork2. ... This article or section does not adequately cite its references or sources. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981 – 1989) and the 33rd Governor of California (1967 – 1975). ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ... March 1 is the 60th day of the year in the Gregorian calendar (61st in leap years). ... 1927 (MCMXXVII) was a common year starting on Saturday (link will display full calendar). ... Nickname: Motto: Benigno Numine (With the Benevolent Deity) Location in Allegheny County, Pennsylvania Coordinates: Country United States Commonwealth Pennsylvania County Allegheny Founded November 25, 1758 Incorporated April 22, 1794 (borough)   March 18, 1816 (city) Government  - Mayor Luke Ravenstahl (D) Area  - City 151. ... March 1 is the 60th day of the year in the Gregorian calendar (61st in leap years). ... 1927 (MCMXXVII) was a common year starting on Saturday (link will display full calendar). ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... Seal of the United States Department of Justice The United States Attorney General is the head of the United States Department of Justice (see 28 U.S.C. Â§ 503) concerned with legal affairs and is the chief law enforcement officer of the United States government. ... The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981 – 1989) and the 33rd Governor of California (1967 – 1975). ...

Contents

Advocacy of originalism

Bork is best known for his theory that the only way to reconcile the role of the judiciary in American government against what he terms the "Madisonian" or "counter-majoritarian" dilemma of the judiciary making law without popular approval is for constitutional adjudication to be guided by the Framers' original understanding of the United States Constitution. Reiterating that it is a court's task to adjudicate and not to "legislate from the bench," he has advocated that judges exercise restraint in deciding cases, emphasizing that the role of the courts is to frame "neutral principles" (a term borrowed from Herbert Wechsler) and not simply ad hoc pronouncements or subjective value judgments. Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... Herbert Wechsler (1909–2000) was a legal scholar and former director of the American Law Institute (ALI). ...


Bork built on the influential critiques of the Warren Court authored by Alexander Bickel, who criticized the Supreme Court under Warren for shoddy and inconsistent reasoning, undue activism, and misuse of historical materials. Bork's critique was harder-edged than Bickel's, however: he has written, "We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own." Bork's writings have influenced the opinions of conservative judges such as Associate Justice Antonin Scalia and former Chief Justice William Rehnquist of the U.S. Supreme Court, and sparked a vigorous debate within the legal academy about how the constitution is to be interpreted. Alexander Mordecai Bickel (December 17, 1924 – November 8, 1974) was a law professor and expert on the United States Constitution. ... In order to become a Justice on the Supreme Court of the United States, an individual must be nominated by the President of the United States and approved by the U.S. Senate, with at least half of that body approving in the affirmative. ... Antonin Gregory Scalia (born March 11, 1936[1]) is an American jurist and the second most senior Associate Justice of the Supreme Court of the United States. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Chief Justice of the United States is the head of the judicial branch of... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...


Early career and family

Bork was born in Pittsburgh, Pennsylvania. His father was Harry Philip Bork (1897-1974), a steel company purchasing agent, and his mother was Elisabeth (née Kunkle) (1898-2004), a schoolteacher. He married Claire Davidson in 1952; before she died of cancer in 1980, they had a daughter, Ellen, and two sons, Robert and Charles. In 1982 he married Mary Ellen Pohl, a former Roman Catholic nun. Nickname: Motto: Benigno Numine (With the Benevolent Deity) Location in Allegheny County, Pennsylvania Coordinates: Country United States Commonwealth Pennsylvania County Allegheny Founded November 25, 1758 Incorporated April 22, 1794 (borough)   March 18, 1816 (city) Government  - Mayor Luke Ravenstahl (D) Area  - City 151. ... Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ... For other uses, see Nun (disambiguation). ...


Bork earned bachelor's and law degrees from the University of Chicago, where he became a brother of the international social fraternity of Phi Gamma Delta, and University of Chicago Law School. After a period of service in the United States Marine Corps, Bork began as a lawyer in private practice in 1954 and then was a professor at Yale Law School from 1962 to 1975 and 1977 to 1981. At Yale, he was best known for writing The Antitrust Paradox, a book in which he argued that consumers were often beneficiaries of corporate mergers, and that many then-current readings of the antitrust laws were economically irrational and hurt consumers. Bork's writings on antitrust law, along with those of Richard Posner and other law and economics thinkers, were heavily influential in causing a shift in the U.S. Supreme Court's approach to antitrust laws since the 1970s. Among his students during this time was a future U.S. President, Bill Clinton. The University of Chicago is a private university located principally in the Hyde Park neighborhood of Chicago. ... This article or section does not cite its references or sources. ... The University of Chicago Law School, having recently celebrated its centennial in the 2002-2003 school year, has established itself as a high profile part of the University of Chicago. ... The United States Marine Corps (USMC) is a branch of the United States military responsible for providing power projection from the sea,[1] utilizing the mobility of the U.S. Navy to rapidly deliver combined-arms task forces. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... “Yale” redirects here. ... 1962 (MCMLXII) was a common year starting on Monday (the link is to a full 1962 calendar). ... 1975 (MCMLXXV) was a common year starting on Wednesday. ... For the album by Ash, see 1977 (album). ... 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ... Consumers refers to individuals or households that purchase and use goods and services generated within the economy. ... This article is about anti-competitive business behavior. ... Richard A. Posner Richard Allen Posner (born January 11, 1939 in New York City) is currently a judge on the United States Court of Appeals for the Seventh Circuit. ... Law and economics, or economic analysis of law, is the term usually applied to an approach to legal theory that incorporates methods and ideas borrowed from the discipline of economics. ... This article is about the office in the United States. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ...


Term as Solicitor General

Bork served as Solicitor General in the U.S. Department of Justice from 1972 to 1977, except for 1973 to 1974 when he served as acting Attorney General. As Solicitor General, Bork argued several high profile cases before the Supreme Court in the 1970s, including 1974s Milliken v. Bradley, where Bork's brief in support of the State of Michigan was influential among the justices. Chief Justice Warren Burger called Bork the most effective counsel to appear before the Court during his tenure. Also, Bork hired many young attorneys as Assistants who went on to have remarkable careers, including Judges Danny Boggs, Frank H. Easterbrook and Robert Reich, who went on to become President Clinton's Secretary of Labor. The United States Solicitor General is the individual appointed to argue for the Government of the United States in front of the Supreme Court of the United States, when the government is party to a case. ... DOJ headquarters in Washington, D.C. Justice Department redirects here. ... 1972 (MCMLXXII) was a leap year starting on Saturday. ... For the album by Ash, see 1977 (album). ... 1973 (MCMLXXIII) was a common year starting on Monday. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... Milliken v. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... Danny Julian Boggs (born in Havana, Cuba, October 23, 1944) is the Chief Judge on the United States Court of Appeals for the Sixth Circuit. ... Frank Hoover Easterbrook (born 1948) is Chief Judge of the United States Court of Appeals for the Seventh Circuit. ... Robert Bernard Reich (born June 24, 1946) was the twenty-second United States Secretary of Labor, serving under President Bill Clinton from 1993 to 1997. ... The United States Secretary of Labor is the head of the United States Department of Labor. ...


Term as acting Attorney General and the Saturday Night Massacre

Bork served as acting Attorney General of the United States from 1973 to 1974. As acting Attorney General, he is known for carrying out U.S. President Richard Nixon's order to fire Watergate Special Prosecutor Archibald Cox following Cox's request for tapes of Oval Office conversations. The firing incident is known as the "Saturday Night Massacre." Nixon's Attorney General Elliot Richardson and Richardson's Deputy Attorney General, William Ruckelshaus, resigned rather than carry out the order. Bork, next in line after Richardson and Ruckelshaus, became acting head of the Justice Department, and Nixon reiterated his order to fire Cox. Bork complied with Nixon's order and fired Cox. He subsequently resumed his duties as Solicitor General. In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ... 1973 (MCMLXXIII) was a common year starting on Monday. ... 1974 (MCMLXXIV) was a common year starting on Tuesday. ... Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States, serving from 1969 to 1974. ... The Watergate building. ... Archibald Cox, Jr. ... The Saturday night massacre (October 20, 1973) was the term given by political commentators to U.S. President Richard Nixons executive dismissal of independent special prosecutor Archibald Cox, and the forced resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus during the controversial and drawn-out... Elliot Lee Richardson (July 20, 1920 – December 31, 1999) was an American lawyer and politician who was a member of the cabinet of Presidents Richard Nixon and Gerald Ford. ... William Doyle Ruckelshaus (born July 24, 1932) is an attorney and civil servant in the United States. ... The United States Department of Justice (DOJ) is a Cabinet department in the United States government designed to enforce the law and defend the interests of the United States according to the law and to ensure fair and impartial administration of justice for all Americans. ...


Supreme Court nomination

Bork was a circuit judge for the United States Court of Appeals for the District of Columbia Circuit from 1982 to 1988, and was nominated by President Ronald Reagan to the Supreme Court in 1987. A hotly contested Senate debate over his nomination then ensued, partly fueled by strong opposition by civil and women's rights groups concerned with what they claimed was Bork's desire to roll back civil rights decisions of the Warren and Burger courts. Bork is one of three Supreme Court nominees to ever be opposed by the American Civil Liberties Union.[1] The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... 1988 (MCMLXXXVIII) was a leap year starting on Friday of the Gregorian calendar. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981 – 1989) and the 33rd Governor of California (1967 – 1975). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... A senate is a deliberative body, often the upper house or chamber of a legislature. ... Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... The American Civil Liberties Union (ACLU) is a major American non-profit organization with headquarters in New York City, New York, whose stated mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States...


Two dramatic events of the Senate debate were Senator Edward Kennedy's speech opposing Bork's nomination and the disclosure of Bork's video rental history. Within an hour of Bork's nomination to the Court, Kennedy took to the Senate floor with a strong condemnation of it. Kennedy declared, "Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens' doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government." TV commercials narrated by Gregory Peck attacked Bork as an extremist. Kennedy's speech fueled widespread public skepticism of Bork's nomination. During debate over his nomination, Bork's video rental history was leaked to the press, which led to the enactment of the 1988 Video Privacy Protection Act. His video rental history was unremarkable, and included such harmless titles as A Day at the Races, Ruthless People and The Man Who Knew Too Much. The list of rentals was originally printed by Washington D.C.'s City Paper.[2] A senate is a deliberative body, often the upper house or chamber of a legislature. ... Edward Kennedy Edward Moore Ted Kennedy, (born February 22, 1932, in Brookline, Massachusetts) is a Democratic U.S. senator from Massachusetts. ... Gregory Peck (April 5, 1916 – June 12, 2003) was an Oscar-winning American film actor. ... The Video Privacy Protection Act (VPPA) was passed into law in 1988 as Public Law 100-618. ... Code book scene A Day at the Races A Day at the Races (1937) is the seventh movie starring the three Marx Brothers, with Margaret Dumont, Allan Jones and Maureen OSullivan. ... The 1986 movie Ruthless People is a black comedy that starred Danny DeVito, Bette Midler, Judge Reinhold and Helen Slater. ... The Man Who Knew Too Much DVD cover The Man Who Knew Too Much is the name of two suspense films, one released in 1934 and the other in 1956, and both directed by Alfred Hitchcock. ... Washington City Paper is one of several free, news-alternative weekly papers throughout the country. ...


To pro-choice groups, Bork's originalist views and his belief that the Constitution does not contain a general "right to privacy" were viewed as a clear signal that, should he become a Justice on the Supreme Court, he would vote to reverse the Court's 1973 decision in Roe v. Wade. Accordingly, a large number of left-wing groups mobilized to press for Bork's rejection, and the resulting 1987 Senate confirmation hearings became an intensely partisan battle. Bork was faulted for his bluntness before the committee, including his criticism of the reasoning underlying Roe v. Wade. On October 23, 1987, the Senate rejected Bork's confirmation, with 42 Senators voting in favor and 58 voting against. Democrats David Boren (D-Oklahoma) and Ernest Hollings (D-South Carolina) voted in favor, with Republicans John Chafee (R-Rhode Island), Bob Packwood (R-Oregon), Arlen Specter (R-Pennsylvania), Robert Stafford (R-Vermont), John Warner (R-Virginia) and Lowell P. Weicker, Jr. (R-Connecticut) all voting nay. The vacant seat on the court to which Bork was nominated eventually went to Judge Anthony Kennedy. This article needs additional references or sources to facilitate its verification. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... Seal of the U.S. Senate Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures State Courts Counties, Cities, and Towns Other countries Politics Portal      Senate composition following 2006 elections The United States Senate is... Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ... October 23 is the 296th day of the year (297th in leap years) in the Gregorian calendar. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... David Lyle Boren (born April 21, 1941) was a United States Senator from Oklahoma from 1979 to 1994. ... Ernest Frederick Fritz Hollings (born January 1, 1922) was a Democratic United States Senator from South Carolina from 1966 to January 3, 2005. ... John Lester Hubbard Chafee (October 22, 1922 – October 24, 1999) was an American politician. ... Robert William Packwood. ... Arlen Specter (born February 12, 1930) is a United States Senator from Pennsylvania. ... Robert Theodore Stafford (born August 8, 1913) is a retired American politician from Vermont. ... John William Warner (born February 18, 1927) is an American statesman and politician, who served as Secretary of the Navy from 1972-1974 and has served as the Republican senior U.S. Senator from Virginia since 1979. ... This article or section does not cite any references or sources. ... Anthony McLeod Kennedy (born July 23, 1936) has been an Associate Justice of the U.S. Supreme Court since 1988. ...


The history of Bork's disputed nomination is still a lightning rod in the contentious debate over the limits of the "Advice and Consent of the Senate" that Article Two of the United States Constitution requires for judicial nominees of the President. Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ...


"Bork" as verb

According to The New York Times, the verb to bork might be defined as "to destroy a judicial nominee through a concerted attack on his character, background and philosophy."[3] This definition stems from the history of the fight over Bork's nomination. Bork was widely lauded for his competence, but reviled for his political philosophy. In March 2002, the word was added to the Oxford English Dictionary under "Bork"; its definition extends beyond judicial nominees, stating that people who are Borked "usually [do so] with the aim of preventing [a person's] appointment to public office." The New York Times is a daily newspaper published in New York City by Arthur Ochs Sulzberger Jr. ... The Oxford English Dictionary print set The Oxford English Dictionary (OED) is a dictionary published by the Oxford University Press (OUP), and is generally regarded as the most comprehensive and scholarly dictionary of the English language. ...


Perhaps the best known use of the verb to bork occurred in July 1991 at a conference of the National Organization for Women in New York City. Feminist Florence Kennedy addressed the conference on the importance of defeating the nomination of Clarence Thomas to the U.S. Supreme Court. She said, "We're going to bork him."[4] Thomas was subsequently confirmed after one of the most divisive confirmation fights in Supreme Court history. The National Organization for Women (NOW) is an American feminist group, founded in 1966, with 500,000 contributing members and 550 chapters in all 50 U.S. states and the District of Columbia. ... Nickname: Location in the state of New York Coordinates: Country United States State New York Boroughs The Bronx Brooklyn Manhattan Queens Staten Island Settled 1625 Government  - Mayor Michael Bloomberg (R) Area  - City  468. ... Clarence Thomas (born June 23, 1948) is an American jurist and has been an Associate Justice of the Supreme Court of the United States since 1991. ...


Recent work

Following his failure to be confirmed, Bork resigned his seat on the U.S. Court of Appeals for the D.C. Circuit, and was for several years a Senior Fellow at the American Enterprise Institute for Public Policy Research, a conservative think tank. Bork also consulted for Netscape in the Microsoft litigation. Bork is currently a fellow at the Hudson Institute. He served as a visiting professor at the University of Richmond School of Law and is a professor at Ave Maria School of Law in Ann Arbor, Michigan. The American Enterprise Institute for Public Policy Research (AEI) is a conservative think tank, founded in 1943, whose stated mission is to defend the principles and improve the institutions of American freedom and democratic capitalism — limited government, private enterprise, individual liberty and responsibility, vigilant and effective defense and foreign policies... American conservatism is a constellation of political ideologies within the United States under the blanket heading of conservative. ... This article is about the institution. ... Netscape Communications Corporation (commonly known as Netscape), was an American computer services company, best known for its web browser. ... Microsoft Corporation, (NASDAQ: MSFT, HKSE: 4338) is a multinational computer technology corporation with global annual revenue of US$44. ... The Hudson Institute is a conservative think tank founded in 1961 in Croton-on-Hudson, New York by the futurist Herman Kahn and other colleagues from the RAND Corporation. ... View of Richmond law The University of Richmond School of Law (T.C. Williams School of Law) is located in Richmond, Virginia. ... Ave Maria School of Law, a Roman Catholic law school, is located in Ann Arbor, Michigan. ... For the railroad company, see Ann Arbor Railroad. ...


In October 2005, Bork publicly criticized the nomination of Harriet Miers to the Supreme Court. When asked by Tucker Carlson about her nomination, he replied, "I think it's a disaster on every level." Bork called her nomination a "slap in the face to the conservatives who've been building up a conservative legal movement for the last 20 years."[5] He also called Miers "a nominee with no visible judicial philosophy who lacks the basic skills of persuasive argument and clear writing."[6] 2005 : January - February - March - April - May - June - July - August - September - October - November - December- → Deaths in October 28: Richard Smalley 26: Emil Kyulev 24: José Azcona del Hoyo 24: Rosa Parks 23: Stella Obasanjo 22: Liam Lawlor 22: Shirley Horn 20: Endon Mahmood 17: Ba Jin 10: Milton Obote 7: Charles... Harriet Ellan Miers (born August 10, 1945 in Dallas, Texas) is an American lawyer, and former White House Counsel. ... Tucker Swanson McNear Carlson (born May 16, 1968) is a political news pundit who currently hosts Tucker, a national television news show, which is broadcast weekdays at 4 p. ...


He has also written several books, including Slouching Towards Gomorrah: Modern Liberalism and American Decline, in which he argues that the rise of the New Left in the 1960s in the U.S. has undermined the moral standards necessary for civil society, and spawned a generation of intellectuals who oppose Western civilization. Slouching Toward Gomorrah: Modern Liberalism and American Decline is a 1996 book by former United States Court of Appeals judge Robert H. Bork. ... The New Left is a term used in different countries to describe left-wing movements that occurred in the 1960s and 1970s. ... The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... This article or section cites very few or no references or sources. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ... An intellectual is one who tries to use his or her intellect to work, study, reflect, speculate on, or ask and answer questions with regard to a variety of different ideas. ... The term Western world or the West (also on rare occasions called the Occident) can have multiple meanings depending on its context (i. ...


In 1999, Bork wrote an essay about Thomas More and attacked jury nullification as a "pernicious practice".[7] There are also several institutions named Thomas More College. ... Jury nullification occurs where a jury, apparently ignoring the letter of the law and the instructions by the court, and taking into account all of the evidence presented, renders a verdict in contradiction to the law. ...


Robert Bork published a book in 2002, Coercing Virtue: The Worldwide Rule Of Judges, which delineated his philosophical objections to the relatively recent phenomenon of incorporating international ethical and legal guidelines into the fabric of domestic law. In particular, he focuses on the problems he sees as inherent in the federal judiciary of three nations, Israel, Canada, and the United States, countries where he believes the courts have grossly exceeded their discretionary powers, and which have discarded precedent and common law, and in their place substituted their own liberal judgment. In law, a precedent or authority is a legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Bork also advocates a modification to the Constitution which would allow Congressional super-majorities to override Supreme Court decisions, similar to the Canadian notwithstanding clause. Though Bork has many liberal critics, some of his arguments have earned criticism from conservatives as well. Bork has denounced what he calls the "NRA view" of the Second Amendment, something he describes as the "belief that the constitution guarantees a right to Teflon-coated bullets." Instead, he has argued that the Second Amendment merely guarantees a right to participate in a government militia.[8] Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... This article concerns the National Rifle Association of the USA. For the UK organisation, see National Rifle Association of the United Kingdom The National Rifle Association, or NRA, is a non-profit group for the promotion of marksmanship, firearm safety, and the protection of hunting and personal protection firearm rights... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress from infringement of the right of... Lexington Minuteman representing militia minuteman John Parker. ...


In December 2005, Bork wrote an article in the periodical National Review calling for government censorship of popular culture, including television, film and music. Bork claimed that "[l]iberty in America can be enhanced by reinstating, legislatively, restraints upon the direction of our culture and morality".[9] December 2005 : January - February - March - April - May - June - July - August - September - October - November - December- → 31 December 2005 (Saturday) 25-year-old Scottish human rights worker Kate Burton and her parents are freed unharmed in the Gaza Strip by the Palestinian gunmen who kidnapped them two days earlier. ... National Review (NR) is a biweekly magazine of political opinion, founded by author William F. Buckley Jr. ... Censorship is the removal and withholding of information from the public by a controlling group or body. ... Popular culture, sometimes called pop culture, consists of widespread cultural elements in any given society. ...


Bork converted to Catholicism in 2003.[10] Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Archbishop of Canterbury Patriarch of Constantinople Christianity Portal This box:      The Roman Catholic Church... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...


Selected writings

  • Bork, Robert H. (1990). The Tempting of America. New York: Free Press. ISBN 0-684-84337-4.
  • Bork, Robert H. (1993). The Antitrust Paradox. New York: Free Press. ISBN 0-02-904456-1.
  • Bork, Robert H. (1996). Slouching Towards Gomorrah: Modern Liberalism and American Decline. New York: ReganBooks. ISBN 0-06-039163-4.
  • Bork, Robert H. (2003). Coercing Virtue: The Worldwide Rule of Judges. Washington, D.C.: American Enterprise Institute Press. ISBN 0-8447-4162-0.
  • Bork, Robert H. (Ed.) (2005). A Country I Do Not Recognize: The Legal Assault On American Values. Stanford: Hoover Institution Press. ISBN 0-8179-4602-0.
  • Barak's Rule, a book review in Azure magazine by Robert Bork.

Slouching Toward Gomorrah: Modern Liberalism and American Decline is a 1996 book by former United States Court of Appeals judge Robert H. Bork. ...

References

  1. ^ http://www.aclu.org/scotus/alito/
  2. ^ http://www.theamericanporch.com/bork2.htm
  3. ^ http://www.iht.com/articles/1993/01/13/topi_3.php
  4. ^ http://opinionjournal.com/diary/?id=85000412
  5. ^ http://www.mercurynews.com/mld/mercurynews/news/politics/12853325.htm
  6. ^ Robert H. Bork, "Slouching Towards Miers", Wall Street Journal, October 19, 2005, p. A12.
  7. ^ Thomas More for Our Season Robert H. Bork
  8. ^ Life Magazine, Vol 14, No. 13.
  9. ^ http://www.reason.com/hitandrun/2005/12/censors_for_fre_1.shtml#011881
  10. ^ http://www.catholiceducation.org/articles/catholic_stories/cs0048.html

The Wall Street Journal is an influential international daily newspaper published in New York City, New York with an average daily circulation of 1,800,607 (2002). ... October 19 is the 292nd day of the year (293rd in leap years) in the Gregorian calendar. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

External links

Preceded by
Erwin N. Griswold
Solicitor General
19731977
Succeeded by
Wade H. McCree
Preceded by
Carl E. McGowan
Judge of the U.S. Court of Appeals for the D.C. Circuit
1982-1988
Succeeded by
Clarence Thomas

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Robert Bork - Wikipedia, the free encyclopedia (1343 words)
Bork is best known for his theory that the only way to reconcile the role of the judiciary in American government against what he terms the "Madisonian" or "counter-majoritarian" dilemma of the judiciary making law without popular approval is for constitutional adjudication to be guided by the Framers' original understanding of the United States Constitution.
Bork was a circuit judge for the United States Court of Appeals for the District of Columbia Circuit from 1982 to 1988, and was nominated by President Ronald Reagan to the Supreme Court in 1987.
Bork is currently a fellow at the Hudson Institute, as well as a lecturer at the University of Richmond law school and Ave Maria School of Law in Ann Arbor, Michigan.
Robert Heron Bork - dKosopedia (710 words)
Robert Bork has written: "We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own." Bork's views have influenced the legal opinions of conservative judges such as Antonin Scalia and Chief Justice William Rehnquist.
Bork started in private practice in 1954 and then was a professor at Yale Law School from 1962 to 1975 and 1977 to 1981.
Bork served as Solicitor General in the U.S. Department of Justice from 1972 to 1977, and as acting Attorney General of the United States from 1973 to 1974.
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