The Daily Caller

The Daily Caller

They Borked a Guilty Man

Robert Bork, R.I.P.: My line on the late judge and scholar: They Borked a guilty man. … Bork wasn’t nearly as rigorous or coherent a legal thinker as he was cracked up to be, and in his desperation to get confirmed he perversely embraced some of the more bogus doctrines of liberal legalism (in particular,  the “reasonable basis” test of constitutionality,  exploded in a famous Yale Law Journal note by Prof. Robert Nagel). The Senate decided not to defer to the President and to simply consider whether someone with Bork’s views was someone they wanted on the Court. That sensible standard–plus the filibuster rule–has been one of the main things standing between us and Justice Tribe. …

P.S.: 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. …