Jeffrey Rosen is a liberal in good standing. He is the legal affairs editor of The New Republic. He posted a piece on the passing of Robert Bork. Rosen was a summer intern on Joe Biden’s staff that summer. (May I say that some of the colloquies between the uber dense Biden and the uber brilliant Bork during the confirmation hearings make for some amusing viewing.) Although Rosen opposed the confirmation of Bork, he regrets the manner in which his nomination was defeated:
But even from the sidelines, as I celebrated Bork’s defeat, I remember feeling that the nominee was being treated unfairly. Senator Edward Kennedy set the tone with a demagogic attack. “Robert Bork’s America,” he said, “is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, and schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of Americans.”
Bork’s record was distorted beyond recognition, and his name was transformed from a noun into a verb. The Borking of Bork was the beginning of the polarization of the confirmation process that has turned our courts into partisan war zones, resulting in more ideologically divided opinions and less intellectually adventurous nominees on the left and the right. It led to the rise of right-wing and left-wing judicial interest groups, established for the sole purpose of enforcing ideological purity and discouraging nominees who have shown any hint of intellectual creativity or risk-taking. And it had obvious costs for Bork.