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Robert Bork
Robert Bork.jpg
Bork in 2005
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
February 9, 1982 – February 5, 1988
Appointed by Ronald Reagan
Preceded by Carl E. McGowan
Succeeded by Clarence Thomas
United States Attorney General
Acting
October 20, 1973 – January 4, 1974
President Richard Nixon
Preceded by Elliot Richardson
Succeeded by William B. Saxbe
35th Solicitor General of the United States
In office
March 21, 1973 – January 20, 1977
President
Preceded by Erwin Griswold
Succeeded by Wade H. McCree
Personal details
Born
Robert Heron Bork

(1927-03-01)March 1, 1927
Pittsburgh, Pennsylvania, U.S.
Died December 19, 2012(2012-12-19) (aged 85)
Arlington, Virginia, U.S.
Resting place Fairfax Memorial Park
Political party Republican
Spouses
  • Claire Davidson
    (m. 1952; died 1980)
  • Mary Ellen Pohl
    (m. 1982)
Children 3
Education University of Chicago (AB, JD)
Military service
Allegiance  United States
Branch/service  United States Marine Corps
Rank US-O1 insignia.svg Second lieutenant
Battles/wars Korean War

Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American lawyer and judge. He served as the top lawyer for the U.S. government, called the solicitor general of the United States, from 1973 to 1977. He was also a professor at Yale Law School. Later, he became a judge on the U.S. Court of Appeals for the D.C. Circuit.

In 1987, President Ronald Reagan chose Bork to be a judge on the U.S. Supreme Court. However, the Senate did not approve his nomination. This decision came after a very public hearing.

Early Life and Education

Robert Bork was born in Pittsburgh, Pennsylvania, on March 1, 1927. His father worked for a steel company. His mother was a schoolteacher. He was an only child.

Bork went to the Hotchkiss School in Connecticut. Then he attended the University of Chicago. He earned his first degree in 1948. He later studied law at the University of Chicago Law School. During his law studies, he took a break to serve in the U.S. Marine Corps. This was during the Korean War. He finished law school in 1953.

Academic Career and Legal Ideas

After serving in the military, Bork worked as a lawyer. In 1962, he became a professor at Yale Law School. He taught there until 1981. During this time, he took a break to work for the government.

At Yale, Bork became known for his book The Antitrust Paradox. In this book, he argued that large company mergers could sometimes help consumers. He believed that laws against monopolies should focus on what's best for consumers. His ideas greatly influenced how courts look at these laws today.

Bork also supported a legal idea called originalism. This means judges should interpret the United States Constitution based on what its writers originally meant. He believed judges should not make new laws from the bench.

Serving as Solicitor General

From 1973 to 1977, Bork served as the Solicitor General. This job involves representing the U.S. government in cases before the Supreme Court. He won several important cases during this time.

The "Saturday Night Massacre"

Ford A5022 NLGRF photo contact sheet (1975-06-12)(Gerald Ford Library) (cropped)
Bork greeting President Gerald Ford in 1975

A famous event happened on October 20, 1973. It was called the "Saturday Night Massacre." President Richard Nixon wanted to fire Archibald Cox. Cox was a special prosecutor investigating the Watergate scandal. Nixon's top legal officials, Elliot Richardson and William Ruckelshaus, refused to fire Cox. They both resigned instead.

This made Robert Bork the Acting Attorney General. President Nixon then ordered Bork to fire Cox. Bork followed the order. He said he did it to prevent more chaos in the Justice Department. He stayed in the role until a new Attorney General was appointed.

Judge on the U.S. Court of Appeals

In 1982, President Ronald Reagan appointed Bork to be a judge. He served on the United States Court of Appeals for the District of Columbia Circuit. This is a very important court, often called the second-highest court in the U.S. He served there until 1988.

One of his notable opinions was in a case about privacy rights. Bork wrote that the Supreme Court had not clearly defined the right to privacy. He believed this made it hard for judges to apply it consistently.

Supreme Court Nomination

President Ronald Reagan and Robert Bork
Bork (right) with President Ronald Reagan, 1987

On July 1, 1987, President Reagan nominated Bork to the U.S. Supreme Court. This nomination caused a big debate in the United States Senate. Many groups, especially civil rights and women's rights organizations, opposed him. They were concerned about his views on privacy and civil rights decisions.

Bork was also criticized for his role in the "Saturday Night Massacre." Many senators worried he would give too much power to the President.

President Ronald Reagan Meeting with Judge Robert Bork in The Oval Office
Bork (right) with Reagan, 1987

On October 23, 1987, the Senate voted against Bork's confirmation. The vote was 42 in favor and 58 against. This was a significant defeat for a Supreme Court nominee. The Supreme Court seat eventually went to Judge Anthony Kennedy. Kennedy was approved by the Senate with a unanimous vote. After this, Bork resigned from his judgeship in 1988.

"Bork" as a Verb

The word "bork" became a verb in American politics. It means to attack or criticize someone strongly, especially to stop them from getting a public job. The Oxford English Dictionary added the word in 2002. It defines "bork" as "To defame or vilify (a person) systematically... usually to prevent his or her appointment to public office."

Later Work and Views

After leaving the court, Bork taught law at George Mason University School of Law. He also worked as a fellow at the American Enterprise Institute. He continued to write books and share his legal ideas.

He wrote The Tempting of America, which discussed his legal philosophy. He also wrote Slouching Towards Gomorrah: Modern Liberalism and American Decline. In this book, he argued that modern society was losing its moral standards.

Bork was a strong supporter of originalism. He believed judges should stick to the original meaning of the Constitution. He argued that judges should not "legislate from the bench." This means they should not make laws themselves. His ideas influenced other judges, like Antonin Scalia and William Rehnquist.

In 2003, Robert Bork converted to Catholicism. He passed away on December 19, 2012, from heart disease. He was 85 years old.

Selected Writings

  • Bork, Robert H. (1971). "Neutral Principles and Some First Amendment Problems". Indiana Law Journal 47 (1): 1–35. http://www.repository.law.indiana.edu/ilj/vol47/iss1/1.
  • — (1978). The Antitrust Paradox. New York: Free Press. ISBN: 0-465-00369-9; 2nd edition (1993).
  • — (1990). The Tempting of America. New York: Free Press. ISBN: 0-684-84337-4.
  • — (1996). Slouching Towards Gomorrah: Modern Liberalism and American Decline. New York: ReganBooks. ISBN: 0-06-039163-4.
  • — (2003). Coercing Virtue: The Worldwide Rule of Judges. Washington, DC: American Enterprise Institute Press. ISBN: 0-8447-4162-0.
  • — (ed.) (2005). A Country I Do Not Recognize: The Legal Assault on American Values. Stanford: Hoover Institution Press. ISBN: 0-8179-4602-0.
  • — (2008) A Time to Speak: Selected Writings and Arguments. Wilmington, DL: ISI Books. ISBN: 978-1-933859-68-2
  • — (2013) Saving Justice: Watergate, the Saturday Night Massacre, and Other Adventures of a Solicitor General. New York: Encounter Books. ISBN: 978-1-59403-681-1

Images for kids

See also

Kids robot.svg In Spanish: Robert Bork para niños

  • Originalism
  • Unsuccessful nominations to the Supreme Court of the United States
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