Thursday, November 30, 2017

What Robert Bork Learned from Judicial Activism, Right and Left - Online Library of Law & Liberty

I have been thinking about Robert Bork recently, prompted in part by the 30th anniversary of his rejection by the Senate on November 23, 1987.  Next month will mark the fifth anniversary of his passing on December 19, 2012. Bork was profoundly influential in conservative legal circles when I graduated from law school in 1980 and started paying closer attention to constitutional theory. I was impressed with both Bork’s scholarly writings and his more polemical articles in publications such as National Review. A 1982 essay he wrote in NR, entitled “The Struggle Over the Role of the Court,” reprinted in his 2008 anthology A Time to Speak, remains timely—even prescient. Ramesh Ponnuru has called Bork’s 1990 book, The Tempting of America, written in the wake of his confirmation defeat, “the most important popular statement of judicial conservatism yet produced.”


Bork effectively got me my first job in teaching. I loved the guy. He probably wouldn't recognize me, though perhaps he might now, but I still held him in the highest regard. He really did have a sense of humor, unlike certain other judges merely reputed to have senses of humor. He should have made it to SCOTUS.

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I read and enjoyed The Tempting of America: he made a very good case I thought.

Ooh I do miss the sort of book sales where I could stumble across such a book.

Posted by: dearieme | Nov 30, 2017 12:35:07 PM

His book The Antitrust Paradox cemented a judicial trend to interpret antitrust law as being aimed at protecting the competitive process, rather than protecting smaller competitors. Powerfully influential in the field.

Posted by: Greg | Nov 30, 2017 4:57:03 PM