WHAT GOES AROUND HAS FINALLY COME AROUND
It all started with a guy named Bork back in 1987. Back in 1987, with Reagan a lame duck, the Liberals had a chance to stop the Reagan Revolution. Bork was one of the most respected judges in the U.S. and was praised far and wide (but not far and wide enough). Ronald Reagan tried to get him confirmed......
Well, a lot of historic decisions have been taken in this building, but none more important than the reason that we rally today. Americans who are committed to a Supreme Court with the highest standards speak with one voice. Judge Bork is not the conservative or liberal nominee; he is America's nominee to the United States Supreme Court. And just like my other nominees to the Court, he's not going to promote my political views; he's going to apply a superb legal mind to the task of interpreting the Constitution and the laws of the United States. The support for him reveals the fact that he is superbly qualified, an individual of unsurpassed integrity, and a principled advocate of judicial restraint. We will not be satisfied with allowing special interests to determine the qualifications to serve on our country's highest court.Full text of Reagan's remarks is here. The Democrats crucified Bork, accused him of all sorts of awful things (disagreeing with the Liberal Agenda) and after months of abuse and lies, Bork was denied a place on the Supreme Court solely because he wasn't a liberal. This bitter tarring and feathering started us down an obscene road (Justice Thomas) and road's end is the elimination of the filibuster so a judge can get an up or down vote. The Democrats brought this upon both themselves and the institution of the U.S. Senate. Judge Bork ain't dead yet by a long shot.
In the realm of legal philosophy and jurisprudence, as you know, labels can be deceiving. There's a little story about the great Supreme Court Justice, Benjamin Cardozo, that makes the point. Many years ago, when he was serving on the Court, he received a letter from a member of the public, and it read: ``Dear Judge Cardozo, I read in the newspaper that you are a liberal judge. Will you send me $10, as I'm really very hard up. Sincerely.'' I don't have the name. [Laughter]
But more relevant than a political label are the qualifications of the nominee, and all of us better understand the significance of that point. Our history commands that the nomination of a Supreme Court Justice by a President and the act of confirmation by the United States Senate be carried out with the highest level of statesmanship. Whether President, Senator, or concerned citizen, when we enter the halls of justice and select the next steward of our Constitution, Americans traditionally leave outside their partisan leanings and the narrow special interests. Each of us owes a sacred debt to our ancestors, who established the rule of law in this Republic, and to the citizens of the future, to whom we entrust our nation's destiny. In a special way, this duty now falls upon the United States Senate as it nears a crossroad, a crossroad of conscience, as it prepares to decide on the confirmation of Robert Bork. Let us insist that the Senate not give in to noisy, strident pressures and that elected officials not be swayed by a deliberate campaign of disinformation and distortion.
Retired Chief Justice Warren Burger took the unprecedented step of addressing the Senate Judiciary Committee because of, in his words, ``the hype and disinformation on Bork.'' And today all of us join Chief Justice Warren Burger in urging the Senate to reject those who want a Justice who makes law and approve Robert Bork, who believes a Justice should interpret the law. [Applause] It's apparent that Chief Justice Burger is not alone.
Other noteworthy people are coming forward. In his testimony before the Senate Judiciary Committee, Howard Krane, managing partner of one of our nation's most prestigious law firms and long-time associate of Justice Bork -- Judge Bork, I should say -- stated that Judge Bork has proven to be ``a man free from prejudice toward any group, who has exemplified the values of equality throughout his life.'' Well, Mr. Krane told this compelling story of how, as a young associate in a major law firm, Robert Bork courageously confronted the senior partners in that firm who had decided to deny employment to Mr. Krane simply because he was Jewish. Robert Bork urged those partners to consider Mr. Krane solely on the merits, and today Mr. Krane is the managing partner of that law firm.
Last week President Carter's counsel, Lloyd Cutler, testified in support of Judge Bork's nomination. Although he disagrees with Robert Bork on some political issues, Lloyd Cutler is convinced that Judge Bork's judicial philosophy represents the mainstream of contemporary thought. He believes, as I do, that Robert Bork's training, experience, character, and sheer intellectual capacity give him the potential to be a great Supreme Court Justice, like the legendary Oliver Wendell Holmes and Louis Brandeis.