Bork hearings proved instructive

Former federal judge Robert Bork has died at age 85. He became something of a symbol back in 1987 when the U.S. Senate denied him a place on the U.S. Supreme Court. Hereā€™s how it went down, as I recall it.

President Reagan nominated Bork to the court. He was a brilliant legal scholar. On paper, he seemed eminently qualified to sit on the High Court. One little problem emerged, though. It seems that Borkā€™s writings on a whole array of social issues caused big-time grief with many senators, who were empowered by the Constitution to ā€œadvise and consentā€ to any federal judicial nomination. Many liberals ā€“ led by the late Sen. Ted Kennedy ā€“ expressed intense loathing, for example, of Borkā€™s views on abortion. They fought Bork tooth and nail.

In the end, Borkā€™s nomination was voted down. Indeed, the treatment he received from the Senate turned his name into a verb. To be ā€œBorked,ā€ according to conservatives, was to be treated unfairly by oneā€™s critics. Whatā€™s more, the bitter tone of that fight has set the stage for many similar battles in subsequent Supreme Court nominations.

Borkā€™s nomination came to symbolize something about presidential appointments.

I tend to endorse presidential picks on a single principle: the prerogative that goes with holding the highest office in the land.

Reagan had been re-elected in 1984. He ran then as he did four years earlier, by pledging ā€“ among many things ā€“ to appoint conservative judges. And oh brother, he picked a doozy of a conservative in Bork.

Would this judge have been my choice? No. But it wasnā€™t my call to make.

He was qualified to serve on the Supreme Court, but he didnā€™t get the nod because the same Constitution that gives appointment power to the president also gives the Senate the authority to reject an appointment whenever it sees fit.

A Justice Bork could have turned out to be quite different than the federal judge whose lengthy paper trail became such an inviting target for critics. Itā€™s happened before, with presidents picking justices who built legacies no one would have expected.

Robert Borkā€™s nomination and its result has provided a graphic lesson on the complexities of our system of government. Somehow, it works.