Word: bork
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Dates: during 1980-1989
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Lewis: Can I just interrupt to chime in with an apt quotation on the point Howard was making. This is a wonderful libel opinion. Its an opinion of Judge Bork's in a case decided in the U.S. Court of Appeals for the D.C. circuit last week. "In deciding a case like this therefore, one of the most important considerations is whether the person alleging defamation has in some real sense placed himself in an arena where he should expect to be jostled and bumped in a way that a private person need not expect. Where politics and ideas about...
...know? ... I suggested returning to the simple standard of whether it was true or not, because you would eliminate all of that search ..Lastly, I think we have to get at the judge jury question. The Supreme Court has been reluctant to do that I think quite wrongly. Judge Bork, who is regarded as a Reaganite conservative, says in this opinion that it is the duty of a trial judge not to let any speech or writing go to a jury in a libel case if the speech or writing is in what he calls the "public, political arena...
...practitioners of judicial restraint who, though disapproving of many previous liberal rulings, are loathe to overturn precedent and will net instead to prevent the extension of existing laws into new areas. The tow names most often mentioned as possible candidates, U.S. court of Appeals Judges Robert Bork and Antonin Scalia, are both said to be member of the school advocating judicial restraint...
Another Reagan appointee to the D.C. Circuit, Antonin Scalia, 48, would also be on the President's short list of prospective Supreme Court Justices. Like Bork, he is an articulate apostle of judicial restraint. For example, when the appeals court last year ordered the Food and Drug Administration to examine evidence that drugs used to execute prisoners by "lethal injection" can cause torturous death, Scalia dissented, calling the decision "a clear intrusion upon the powers that belong to Congress, the Executive Branch and to the states." A Roman Catholic, Scalia is personally opposed to abortion. Both Scalia, who taught...
...Bork, Scalia and Posner are all aggressive conservatives who would challenge the liberal assumptions of many Supreme Court rulings. But they are not knee-jerk ideologues. Bork, for instance, has made it clear that judges should respect precedent even if they disagree with...