Twenty Years Ago
9-5-87 Saturday. I got a [telephone] call this morning from Terry Mallory. Somehow we got on the subject of Robert Bork, President [Ronald] Reagan’s Supreme Court nominee. Terry is an unreconstructed liberal, but unfortunately his arguments against Bork are awful. He says, for example, that Bork is “against women’s rights and abortion.” But as I pointed out to him, this is a substantive complaint. “Isn’t there a principled objection to Bork?” I asked. But Terry had none. He also misconstrued my position. From the fact that (1) Keith claims that if Reagan wants Bork, Reagan is entitled to have Bork, Terry infers that (2) Keith wants Bork. Needless to say, this is an invalid inference. I do not want Bork. Not only that, but I maintain that there are many better nominees than Bork and that, all things considered, Reagan should not have nominated Bork. But I can hold all of these views and still insist that if Reagan nominated Bork, he’s entitled to have him sit on the Supreme Court. Terry had a hard time understanding this line of reasoning, probably because he views the world in personal terms. As far as he’s concerned, either you “like” Bork or you don’t. But that’s not the issue. The issue is whether there’s any good theory of confirmation under which Bork can be rejected by the Senate. I deny that there is.