Showing posts with label Bork. Show all posts
Showing posts with label Bork. Show all posts

Friday, February 8, 2013

"The truth is, I have never sat at my desk and thought, 'Today, I shall pen a mighty portrait of coitus!'"

"No, these imaginative encounters seem to creep up on me in the first draft, sort of like when two people fall in love, or lust. One minute you're chatting away about the legacy of Robert Bork and the next you're trying to meld your bodies into one ecstatic pulsating organism. When it's happening on the page, though, things get tricky. We might have the tendency to quickly cover up from the embarrassment of seeing our characters in the buff or else take on the role of salacious puppeteer. The prose can suffer from these reactions, as well as from overly clinical description, or, in some notorious cases, overcooked metaphor. Being caught with your aesthetic pants down can be a writer's worst fear."

From "The Smitten Word: The awkward art of writing about sex," by Sam Lipsyte.

Salacious puppeteer... what a phrase! I had to Google to see if anyone had ever put those 2 words together and....



One minute you're chatting away about the legacy of Robert Bork...

Friday, January 18, 2013

If Sonia Sotomayor's autobiography has nothing at all about law or even politics...

... why would anyone read it?
The book, which covers her life prior to becoming a judge, barely says a word about the Constitution and even less about ideology. Yet one doesn't get the sense that politics were scrubbed from the text; it is rather that the topic isn't of much interest to the author.
That's what a good scrubbing job would do. So there's no bad scrubbing job leaving interesting residue.
One wishes she had shared her intellectual interests with us or discussed the books that captured her fancy or influenced her thinking, since she remarks more than once in "My Beloved World" that the library was a refuge for her as a schoolgirl and later at Princeton. Disclosing the names of books that influenced a childhood wouldn't compromise pending or future cases.
Welcome to the post-Bork world — a "beloved" world? — where judges are dutiful, neutral case processors. The very quality that makes a judge the kind of judge we've come to require — post-Bork — will embody a form of expression antithetical to a good memoir.

Thursday, January 10, 2013

"But what 'borking' really amounted to was holding the nominee’s vigorously expressed views up to the light for public inspection."

Says Linda Greenhouse:
In five days of testimony, then-Judge Bork – a former professor of mine whom I liked and respected – had every opportunity to make his case. His ideas were fully aired and considered. By a vote of 58 to 42, the senators, having heard from their constituents, concluded that his constricted constitutional vision, locked into the supposed “original intention” of the framers, was not what the country needed or wanted....

... Robert Bork couldn’t accept the legitimacy of his defeat.... Judge Bork was hardly unique in his sense of entitlement, but it ran so deep that it prevented him from understanding the obvious dynamic of what happened. Because he had been nominated to fill the “swing seat” vacated by Justice Lewis F. Powell Jr., a moderate conservative whose retirement left nearly every issue of constitutional moment hanging in the balance, his nomination became a public referendum on whether the court should move decisively to the right or stay basically the same. The status quo won out.

Wednesday, December 19, 2012

"Reagan's Justice" — an ominous New York Review of Books article about Robert Bork.

I remembered the title of the scary piece (by Ronald Dworkin), which was published in 1984, and I remembered the uber-creepy David Levine caricature that accompanied it:



After Bork got borked, Dworkin got another piece in the NYRB — "What does Bork’s defeat mean? Did the American public reject Bork’s announced philosophy of original intention? If so, what alternative constitutional philosophy, if any, did the public endorse?" — and David Levine drew him again. Look how cute:



Now that he's not a threat, he's a lovable Santa Claus. That's art, baby!

AND: From high(ish) art to low, here's an old Letterman Top 10 list: "Top 10 Names for Robert Bork's Beard":

10. The Chin Slinky
 9. The Amish Outlaw
 8. The See-Through
 7. My Very First Beard - from Kenner!
 6. The Lunatic Fringe
 5. Senor Itchy
 4. The Radioactive Goat
 3. Salute to C. Everett Koop
 2. Gopher Butt
 1. The Babe Magnet

"Bork, he was the biggest bleeding-heart liberal of us all."

An old University of Chicago Law School anecdote.

And here's a letter Robert Bork wrote to the Wall Street Journal in 2005:

Eric Felten’s essay on the dry martini is itself near-perfect (“Don’t Forget the Vermouth,” Leisure & Arts, Pursuits, Dec. 10). His allusion to constitutional jurisprudence is faulty, however, since neither in law nor martinis can we know the subjective “original intent” of the Founding Fathers. As to martinis, the intent may have been to ease man’s passage through this vale of tears or, less admirably, to employ the tactic of “candy is dandy, but liquor is quicker.”

What counts in mixology is the “original understanding” of the martini’s essence by those who first consumed it. The essence remains unaltered but allows proportions to evolve as circumstances change. Mr. Felten’s “near-perfect martini” is the same in principle as the “original-understanding martini” and therefore its legitimate descendant. Such latter-day travesties as the chocolate martini and the raspberry martini, on the other hand, are the work of activist bartenders.

Mr. Felten lapses into heresy only once. He prefers the olive to the lemon peel because the former is a “snack.” Dropping a snack into a classic drink is like garnishing filet mignon with ketchup. The correct response when offered an olive is, “When I want a salad, I’ll ask for it.”

Robert Bork has died.

He was 85.

From the above-linked NYT obituary:
Judge Bork, a bear of a man with a scraggly red beard and untamed frizz on a balding pate who liked to eat, drink and smoke for much of his adult life, handled himself poorly in front of the [Senate Judiciary] committee and failed to give doubters confidence. As Tom Shales, the television critic for The Washington Post, wrote of his testimony: “He looked, and talked, like a man who would throw the book at you — maybe like a man who would throw the book at the whole country.”
See that's what I was just talking about: Liberals used to express abhorrence of law-and-order types.

The NYT obit refers to "the notion that the nominee was somehow unfeeling as a judge." Somehow... a notion... Where, oh, where could it come from?!
This [notion] was amplified when, asked by a sympathetic senator, Alan Simpson, Republican of Wyoming, why he wanted to serve on the Supreme Court, Judge Bork replied that it would be “an intellectual feast.”
And that was it, the worst answer ever given to any question in the history of the United States. Intellectual feast! The feast turned out to be a feeding frenzy for the liberal media. Why, they're still picking kinky reddish beard hairs out of their back molars! Burrrrp! Tasty! What a time! And no Supreme Court nominee has said one interesting thing since. Every single one has promised to be a good little judge who would never ever do anything but serve humbly and modestly deciding the cases according to the law.

You think it was interesting that John Roberts said he saw himself as an umpire, calling balls and strikes? That proves my point! I know, Clarence Thomas, "high-tech lynching," but that wasn't about doing the judicial work, so I'm excluding that from the point, which is that they all learned what not to do from Bork. Presidents learned to avoid even picking someone Borkish, so no one was allowed to look weird, speak quirkly, seem like an intellectual with ideas of his own, it would just be bland blandness served atop a steaming pile of blandness. That is: Not tasty! As a live-blogger of nomination hearings, I want to know: Where's my intellectual feast?

ADDED: When C-SPAN put its entire archive up on-line, the first thing I looked up to relive was the Bork hearings:



And here's Teddy Kennedy's infamous and nutty denunciation of "Robert Bork's America":