December 20, 2012

JEFFREY ROSEN: We’re Still Paying the Price for the Borking of Robert Bork.

Mickey Kaus, on the other hand, says They Borked A Guilty Man. But he also has this to say about Borking-defender Jeffrey Toobin:

New Yorker’s Jeffrey Toobin declares that Bork “lacked moral courage as well as legal judgment.” Hmm. Given that Toobin a) boosted his writing career when he was an attorney by betraying his employer, special counsel Lawrence Walsh, b) tried to produce a big Clinton book by sliming Michael Isikoff and c) given his er … uninspiring personal behavior, I’d say he shouldn’t be denouncing anyone as lacking “moral courage.” But that’s just me. …

Oh, it’s not just you, Mickey. Personally, I would have voted against confirming Bork for the reasons spelled out at length here. (But I would have confirmed Doug Ginsburg in a heartbeat, and we’d have been much better off with him than with Anthony Kennedy).