Replies

I often lament about the "what ifs", "if only" Judge Robert Bork had become a SCOTUS Justice. What a pleasure it would have been to have read his decisions and opinions. They would have been legendary and strong precedent. Very likely, he might also have been the swing vote in making landmark decisions overruling previous unconstitutional precedent-breaking decisions by a previous left-dominated SCOTUS. (Historically, it appears the most egregious departures from the Constitution have come from a leftist SCOTUS majority.)

His approach, which should be followed by all judges, especially federal judges, was to put his own personal values and biases (the basis for “judicial activism”) aside and faithfully apply the original understanding and intent of the law (in this case, the Constitution) as best as possible. That's the best anyone can do. It doesn't guarantee perfect results, but nothing is prefect and this faithful methodology is the truest and most integrated judicial approach there is to Constitutional law.

His example would almost certainly have been one against "judicial activism" either on the right or the left. What a pleasure it would have been to see how he would have applied the Constitution to a case either in writing for the majority, in concurrence, or in dissent.

I wish people like Bork, Reagan, and Milton Friedman would live forever, because our country and world need these wonderful men so desperately. Heaven's gain, our loss. http://pjmedia.com/rogerkimball/2012/12/19/robert-h-bork-1927-2012/