Robert Bork died the Wednesday before the Saturday Scalia died. The following Monday I went up to help move my Dad to a nursing home for what we hope will be a short stay and got to hear a LOT of NPR. One name I heard very little of was "Bork". When a name becomes a verb, as in "Borking", we know that something major happened.
Whenever a liberal judge dies with an R in the WH, the press pretty much goes berserk about "maintaining the balance in the court" -- how critical it is, and how virtually any action taken by whatever D's are in opposition is completely justified. Somehow I doubt there will be much of that discussion this time.
One of the COMMON things of which we are now reminded is that Democrats confirmed Anthony Kennedy in '88, an election year, and that is a "precedent", but the only reason the confirmation was in '88 is because the Bork debacle had happened in '97. Note as well that the Democrats were able force Reagan a two term VERY popular president, to appoint a clear moderate that is today a standard "swing vote" on the court, and completely rejected a totally solid candidate on an ideological basis only, thus setting the precedent for exactly what we have today!
Simply reporting that fact isn't good enough for NPR even today, thus they persist in "Borking" ...
He opposed the Supreme Court's one man, one vote decision on legislative apportionment.To understand this, you need to go to "Reynolds vs Sims" (1964) and "Baker vs Carr" (1964). Everyone got to vote in all cases, the issue was how equal the numbers in districts were and if the question was a legislative, judicial federal or state question. Those rulings gave us the strange geometry to congressional and state districts that we see today. Both decisions also had Constitutional intent and States Rights issues. It had NOTHING to do with each person getting to vote!
He wrote an article opposing the 1964 civil rights law that required hotels, restaurants and other businesses to serve people of all races.While "liberals" love the use of coercive FORCE to achieve their visions, conservatives like to use persuasion and market forces, plus they like to have people make decisions by vote at the lowest level possible. The feds allowed states to decide on discriminating against smokers on a state by state basis. Currently, they are doing the same with marijuana. The court could have allowed states to continue to decide how to regulate abortion in each state.
NPR then and NPR now wants to justify "Borking" because he was "a racist". What he was, like Scalia, was a man who believed in rule of law, as did our founders. They EXPLICITLY wanted the states to be allowed maximal freedom from federal coercion, so that each would be a "laboratory" where laws and polices could be "tested" and people could "vote with their feet" if they like the policies of some states better than others!
He opposed a 1965 Supreme Court decision that struck down a state law banning contraceptives for married couples. There is no right to privacy in the Constitution, Bork said.Again, he was against the FEDERAL government FORCING states to comply! Which is what the Constitution is against as well -- because the Constitution was explicitly written to LIMIT centralized authoritarian government because it is an extreme danger to liberty!
As I've written before, any that want to read the Constitution will find that Bork was right, there is no "right to privacy" in the Constitution ... all "penumbra"!
CERTAINLY if we as a nation wanted to create a federal level "right to privacy", we could write a Constitutional Amendment for it, debate it, and approve it, and THEN there would be a "Right to Privacy" ENUMERATED in the Constitution!
But we are not that kind of people anymore. Even the "history" of 1987 and 1988 needs to be re-written to supposedly support whatever the current desires of "The Party" might be. NOTHING -- not words, not events, not lives, not even living or recently dead people are allowed to have a separate "truth" from the narrative of "The Party". **ALL** ... truth, meaning and life must be sacrificed at the alter of "The Party" and whatever it's current holy writ is freshly minted to be!
Reality has died under the effects of being constantly "Borked" each and every day. Thus, we have TRUMP, and the media and TP wonder how it can be that people seem to believe him even when he is "not factual"!!
When there is no Way, Truth or Life, the people create idols, and lo, they bowed before the orange god of Trump (Baal)! ... not surprising since many had previously bowed before the mulatto god of BO!
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