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...Bork's first official move after taking the Solicitor General's post served notice that his brand of conservatism is neither predictable nor timid. Like 15 other states, Georgia has filed suit to overturn presidential impoundments of funds that were authorized by Congress. Georgia wants the Supreme Court Justices to hear the case directly-without the delays of the appeals procedure.* Bork might well have opposed such a move, preferring to let the question of presidential power languish for a while in lower courts. Instead last month, Bork agreed with Georgia that the impoundment issue should be faced...

Author: /time Magazine | Title: The Law: Enter Professor Bork | 10/1/1973 | See Source »

...There are presently pending in the federal courts 37 suits involving the validity of spending controls," said Bork's memorandum to the Justices. If the high bench were to appoint a "special master" to take evidence in the cases, and were then to swiftly review the master's findings, Bork argued, the resulting precedent would save a considerable duplication of effort in lower courts...

Author: /time Magazine | Title: The Law: Enter Professor Bork | 10/1/1973 | See Source »

...conservative reputation, Bork defines himself more precisely as "a classical liberal-someone who thinks that governmental intervention in individual affairs always has to be examined closely to make sure that the benefits of the intervention exceed what are bound to be the costs." In a series of interviews, TIME's David Beckwith sought a sense of how that general philosophy might apply to the positions the new Solicitor General will be urging the Justices of the Supreme Court to adopt...

Author: /time Magazine | Title: The Law: Enter Professor Bork | 10/1/1973 | See Source »

Racial discrimination is one example of an area where the court has a proper constitutional mandate, in Bork's view. But when it comes to school financing, he approves the Supreme Court decision last March that the Constitution does not require the state to balance spending in rich and poor school districts. "Everyone talks about what a shame it is that the Supreme Court failed to require the equalizing of public school expenditures," he says. "But nobody talks about whether the court is the proper body" to accomplish that...

Author: /time Magazine | Title: The Law: Enter Professor Bork | 10/1/1973 | See Source »

...Bork, "this is obviously an area that is best left to the political process, not the judicial...

Author: /time Magazine | Title: The Law: Enter Professor Bork | 10/1/1973 | See Source »

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