Word: bork
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...tough on crime as Ashcroft, yet far less controversial. But as we are about to find out, Ashcroft won't be confirmed without a fight. The angriest coalition of liberal, civil rights and feminist organizations Washington has seen since the 1987 battle over Supreme Court nominee Robert Bork is lining up to oppose him. The opposition's leaders concede that as a former member of the club, Ashcroft would normally sail through the Senate. But since Ashcroft has been on the wrong side of every social issue from affirmative action to hate-crimes legislation and women's rights, there...
...divider? Here is a broken, cloven polity. You promise to change the tone? We can't bear to listen anymore to the rancor of the past five weeks, or eight years, or 13, if you extend this period of pitiless politics back to the confirmation hearings of Robert Bork...
...conservative judicial saint Robert Bork who once said that the morality of the law is framed by the legislators who make it, not the judges who interpret it. But what is the morality of Florida legislators who are rushing to enact a law so that the brother of their governor wins their state regardless of who really won the vote...
...Chief Justice William Rehnquist, 75, will step down first--then Bush would need another conservative just to stay even. Bush says abortion isn't a litmus test, but if it is, it would be almost impossible for him to win confirmation of two avowedly pro-life Justices (think Robert Bork). He would instead try to select stealth candidates who haven't expressed views on the issue (think David Souter). That can be tricky. Souter has been a disappointment to conservatives, leading some analysts to repeat the old saw that Justices often confound the expectations of the Presidents who pick them...
Moreover, just because the pool of judges in the appeals court contains more Reagan-Bush appointees than Carter-Clinton appointees doesn't mean that it will automatically take Microsoft's side. Judge Robert Bork, a former conservative member of the court, is now retained by Microsoft's opponents. "I looked at the case and went with the other side," he says. So did one other prominent G.O.P.-appointed judge--Thomas Penfield Jackson...