Word: bork
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...joins the high court, the sharp-edged axioms of Bork the scholar might be tempered by the tradition of stare decisis (standing by what has been decided), the judicial practice of reaching decisions that accord with earlier rulings. He disagrees, for instance, with the "commerce clause" decisions of the New Deal court -- a series of rulings that upheld the power of the Federal Government to regulate business in many fields. But he maintains that he would not seek to overturn them because they form the basis for many subsequent court decisions and administrative practices. Would he likewise defer to other...
COVER: The battle begins over Robert Bork' s nomination to the Supreme Court...
...Senate' s verdict on the controversial nominee could affect the course of American law and society well into the 21st century. -- Bork' s intellectual odyssey has led him from socialism to an iconoclastic conservatism. -- The judge has criticized many landmark decisions, but would he try to overturn them? -- How changed court majority might affect abortion. See NATION...
Since the Supreme Court's 1973 Roe v. Wade decision striking down laws prohibiting abortion, almost 20 million pregnancies have been terminated in the U.S. Robert Bork believes that ruling is without foundation. His opinion chills women's groups and cheers right-to-life supporters, who expect Bork to become part of a new court majority that will overturn Roe. That outcome, however, is far from certain...
...Bork's position on the law is unequivocal. "Roe v. Wade," he asserted to Congress in 1981, "is itself an unconstitutional decision, a serious and wholly unjustifiable judicial usurpation of state legislative authority." He does not believe the Constitution guarantees the right to privacy, the guiding principle underlying...