Twenty Years Ago
7-2-87 . . . It came as no surprise today when Ronald Reagan nominated Robert Bork to replace Lewis Powell on the [United States] Supreme Court. Bork was one of those considered the last time, when Antonin Scalia replaced Warren Burger. He’s a former Solicitor General and law professor and now sits on the United States Court of Appeals for the District of Columbia Circuit. This is one step below the Supreme Court. As far as Bork’s ideology goes, he’s conservative, but not in the religious sense. He has studied economics and wants to implement rules which maximize social wealth. In this respect he’s like Richard Posner, another Court of Appeals judge. Bork has already ruled that the right to privacy, if it exists at all, does not encompass homosexuality. The odd thing is, if Bork is confirmed by the Senate, he will no longer be bound by that ruling. Before, he was bound to follow Supreme Court precedent; now, if confirmed, he’ll have more authority to change that precedent. It’ll be interesting to see, first, whether he’s confirmed, and secondly, if so, whether he changes his views. That has been known to happen.