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Roger’s Rules

Robert H. Bork, 1927-2012

December 19th, 2012 - 5:16 am

Judge Robert H. Bork, one of the the greatest jurists this country has ever produced, died early this morning from heart complications in a Virginia hospital near his home. He was 85.

Bork was a national celebrity. Several years ago, my wife and I visited the Borks in Maine where they had taken a summer house off Somes Sound. I cannot count the times that total strangers would approach us at a lobster shack or park asking to shake the Judge’s hand and to assure him of their admiration and support.

Bork’s celebrity was only partly  conferred upon him by brilliant legal work and his service as solicitor general and then acting attorney general in the tumultuous Watergate years of the Nixon administration. (Andrew McCarthy wrote an excellent summary of Judge Bork’s work in The New Criterion a few years ago: “Robert H. Bork on Law and Life.”) But by far the most important fuel for fame was the riveting, not to say obscene, attack upon his candidacy for the Supreme Court in the 1980s under Ronald Reagan.

The vicious campaign waged against Judge Bork set a new low—possibly never exceeded—in the exhibition of unbridled leftist venom, indeed hate.  Reporters combed through the Borks trash hoping to find compromising tidbits; they inspected his movie rentals, and were disgusted to find the films of John Wayne liberally represented.  So hysterical was the campaign against Judge Bork that a new transitive verb entered our political vocabulary: “To Bork,” scruple at nothing in order to discredit and defeat a political figure. Monsieur Guillotine gave his name to that means of execution; “progressives,” those leftists haters of America who have so disfigured our national life since the 1960s, gave us the this new form of character assassination.  The so-called “Lion of the Senate,” Ted Kennedy, surely one of the most despicable men ever to hold high public office in the United States (yes, that’s saying something), stood on the Senate floor and emitted a serious of calumnious  lies designed not simply to prevent Judge Bork from being appointed to the Supreme Court but to soil his character irretrievably. “Robert Bork’s America,” quoth Kennedy,

 is a land in which women would be forced into back-alley abortions, blacks would sit down at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is often the only protector of the individual rights that are the heart of democracy.

A breathtaking congeries of falsehoods that, were they not protected by the prerogatives of senatorial privilege, would have taken a conspicuous place in the annals of malicious slander and character assassination. In The Tempting of America, Judge Bork recounts his incredulity at this tissue of malign fabrication. “It had simply never occurred to me that anybody could misrepresent my career and views as Kennedy did.” At the time, he notes, many people thought that Kennedy had blundered by emitting so flagrant, and flagrantly untrue, an attack. They were wrong. His “calculated personal assault, . . . more violent than any against a judicial nominee in our country’s history,” did the job (with a little help from Joe Biden and Arlen Specter). Not only was Kennedy instrumental in preventing a great jurist from taking his place on the Supreme Court, he also contributed immeasurably to the cheapening of American political discourse.

In a way, Robert Bork had the last laugh.  Ted Kennedy went to his grave a rancid, lumbering, pathetic laughing stock. Bork went from intellectual triumph to intellectual triumph, contributing now-classic studies to the library of legal understanding and penning two of the most important works of social criticism of the last several decades, the aofrementioned Tempting of America and Slouching Toward Gemorrah, wild bestsellers both. I am proud to say that this spring Encounter Books will be publishing a memoir by Judge Bork called Saving Justice: Watergate,. The Saturday Night Massacre, and Other  Adventures of a Solicitor General.

Bob Bork was a great American and a dear friend, witty, compassionate, with a laser-like analytical mind and compendious store of cultural reference.  (It was he who introduced me to John Buchan’s marvelous memoir Memory, Hold the Door.) I will have more to say about Bob and his achievement in due course.  For now, I wish merely to register my gratitude for his friendship, admiration of his work, and sorrow at his passing.  Requiescat in pace.


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