Word: bork
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Dates: during 1990-1999
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That self-deprecating style has made Souter the Nowhere Man, a tabula rasa in the cult of personality -- and so the perfect post-Bork appointment. Law- review articles asserting opinions on controversial subjects? There are none. Sweeping court decisions? Souter, as a trial and appellate judge, narrowly ruled on the facts at hand. In Souter, Bush may have found the last person in America who does not think in opinionated sound bites. Souter, with his Yankee reticence, does not presume anyone would be interested in what he thinks if legal scholars have already thought about it. In that...
With the high court poised to tilt decisively to the right on several inflammatory issues, a nominee publicly committed to overturning Roe v. Wade, the 1973 ruling that established the right to abortion, would provoke an outcry from the liberal forces that derailed Robert Bork's nomination in 1987. But if the President picked a Justice less inclined to overturn Roe, right-to- life activists and conservative Republicans already angered by Bush's retraction of his "no new taxes" pledge would be enraged. Facing these polarized options, the President deftly reduced the risk by selecting a Stealth candidate. Federal Appeals...
...walk away from this fight. The Senate should make Souter answer some questions: questions about his basic philosophies for constitutional interpretation, so that it may, in the words of one legal scholar, "police the outer limits" and "preserve the balance" of the court. That is how it stopped Robert Bork, and that is how it can stop David Souter, if such a rejection is called...
These are gurantees almost all Americans take for granted--guarantees that mark the outside bounds of acceptable constitutional interpretation in this day and age. The Senate nixed Bork because he didn't believe in such guarantees, and the Senate has every right to reject any future nominees who think the same...
Among Bush's closest advisers, one faction, led by Secretary of State James Baker and Treasury Secretary Nicholas Brady, may prod Bush to choose a moderate conservative to avoid the type of Senate fight that led to the rejection of Bork. They are expected to argue that since Bush may have a chance to fill more vacancies, there is no need to antagonize Congress in an election year...