The Passing of Robert Bork

Robert Bork, Yale law professor, Solicitor General, the man who fired Archibald Cox, Circuit Court Judge, and most notably, failed Supreme Court nominee in 1987, has died at age 85.  He tried to engage the Senate and the nation in a real discussion about constitutional law.  Once rejected, no later nominee has ever dared to offer anything but the most bland assurances and comments.  Had he been confirmed, Roe might have been junked in Casey and Lawrence  might have gone the other way.  But Obama would now have another appointment.  What one hand gives another takes away.  It's a pity that he will be remembered more for his failed nomination and the "Saturday Night Massacre" than he will for his intellect. 

Comments

[D. Daniel Sokol]

Within the antitrust community, Bork is probably both the most important academic for his writing and the most important in how he transformed policy. See my post at http://lawprofessors.typepad.com/antitrustprof_blog/2012/12/robert-heron-bork-march-1-1927-december-19-2012.html.

[Patrick S. O'Donnell]

I like Michael Dorf's assessment: http://www.dorfonlaw.org/2012/12/robert-borks-multifaceted-legacy.html

[Anonymous]

When I was at the LLM program, a professor remarked, "Poor Bob -- he should have stuck with antitrust." I think that sums it up pretty well.

[Whidby]

As one wag noted today, after his Supreme Court rejection,Bork spent the rest of his life proving that his detractors were correct.

He was bright enough, to be sure, but that alone isn't enough for any job.

[Third Coward Anonymous Commenter]

And when I was at the LLM program, I remarked, "these arrogant self-important fools at this pompous law school. They'll never measure up to Robert Bork."