Bork was the Beginning: Constitutional Moralism and the Politics of Judicial Selection

Authors

Gary L. McDowell, University of RichmondFollow

Abstract

On October 23, 1987, the United States Senate committed what many considered then-and what many still consider today-to be an unforgivable political and constitutional sin. Wielding its power to advise and consent on nominations to the Supreme Court of the United States, the upper house voted 58-42 not to confirm Judge Robert H. Bork. The vote, which was the largest margin of defeat in history for a nominee to the Supreme Court, concluded one of the most tumultuous political battles in the history of the republic, a battle that would transform the process of judicial selection for years to come.

Document Type

Article

Publication Date

2005

Comments

Contribution to Allen Chair Symposium 2004: Federal Judicial Selection.

Recommended Citation

Gary L. McDowell, “Bork was the Beginning: Constitutional Moralism and the Politics of Judicial Selection,” 39 University of Richmond Law Review 809 (2005).