Robert H. Bork
Robert H. Bork was a prominent American legal scholar and judge known for his conservative judicial philosophy. Born in 1927, Bork served as a judge on the United States Court of Appeals for the District of Columbia before being nominated to the Supreme Court by President Ronald Reagan in 1987. His nomination was met with significant opposition from liberal groups and the Democrat-controlled Senate, primarily due to his views on judicial restraint, original intent, and issues regarding civil rights and privacy. Bork's philosophy emphasized a strict interpretation of the Constitution, which raised concerns among his critics about potential impacts on social issues. The Senate hearings broke from tradition, focusing heavily on Bork’s judicial philosophy rather than solely on his qualifications. Ultimately, Bork was not confirmed; the Senate Judiciary Committee voted against him, and the full Senate followed suit with a 58-42 vote. His nomination and the contentious debates surrounding it have since become a significant event in the history of Supreme Court confirmations. Bork's legacy remains influential in discussions about judicial philosophy and the political dynamics of judicial nominations.
Subject Terms
Robert H. Bork
Nominated by: Ronald Reagan
Significance: One of the most bitterly contested appointments in U.S. judicial history, Bork’s nomination to the Supreme Court created the precedent that a nominee’s judicial philosophy could be a subject of intense scrutiny by the Senate.
On July 1, 1987, President Ronald Reagan, a Republican, announced that he would nominate Bork, a former judge on the United States Court of Appeals for the District of Columbia, to fill the position on the Supreme Court vacated by retiring Justice Lewis F. Powell, Jr. The nomination elicited immediate and bitter response not only in the Democrat-controlled Senate but also from liberal and radical groups throughout the country. They were alarmed by Bork’s well-known conservative views on legal matters, particularly because he embraced the principle of judicial restraint and original intent, and were also suspicious of his opinions concerning civil rights, free speech, and the right of privacy and of his alleged pro-business orientation. Normally, Senate hearings examine only a nominee’s academic and judicial credentials, judicial temperament, and personal integrity. On these matters, Bork had a sterling record. However, the Senate, in a departure from customary behavior, closely scrutinized his judicial philosophy, including his political views. The Senate’s Judiciary Committee eventually voted not to recommend Bork by a 9-5 vote, and the full Senate voted on October 23, 1987, against his confirmation by a 58-42 margin.
