For the bulk of the last generation, a conjunction of conservative legislatures and liberal courts enabled judicial conservatives to avoid a theoretical tension it is now time to confront: that between original intent and judicial restraint.
The tension was alleviated …
Various commentators have discussed what the constitutional world might look like now if Judge Bork had been confirmed as a Supreme Court Justice. Jack Balkin writes:
Despite Bork’s defeat, movement conservatives actually got their hero. Clarence Thomas has proven …
The significance of James Stoner’s Forum essay on the common law, with the two responses by Hadley Arkes and John McGinnis, is made even clearer by recent events. Commentary on the sad passing of Judge Robert Bork and …
I was very sad to hear of Judge Bork’s passing. I had not really known the Judge well, meeting him only over a lunch that he bought for me. He taught one class while I was at law school, and …
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The death of a great, great man: Judge Robert Bork. So many fond memories: arriving at AEI in 2000 and being consigned to the tenth floor “smokers row” next to the judge, with Walter Berns and Hillel Fradkin: amid the …
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