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Politics and the Supreme Court: The Case of the Bork Nomination

NCJ Number
125352
Journal
Journal of Law and Politics Volume: 5 Issue: 3 Dated: (Spring 1989) Pages: 551-604
Author(s)
S M Griffin
Date Published
1989
Length
53 pages
Annotation
The nomination of Robert Bork for the U.S. Supreme Court is described to demonstrate the involvement of the court in political relationships.
Abstract
A recounting of the events that transpired during the nomination process are provided as a backdrop to discussions of the hearings and floor statements that motivated the Senate's rejection of the nomination. Post-war events are reviewed to demonstrate the evolution of media and interest group involvement in the nomination process. The events that transpired during the Bork nomination cannot be understood without proper understanding of the evolving process of the politization of the selection process. An attempt is made to use the Bork example to explain larger questions of constitutional theory and academic criticism of the court. The perception of Bork as an extreme conservative who advocated strict constructionism is used to help explain why so many constitutional issues became involved in the nomination process.