COMMENT

Comment the Progressive A Brief Against Bork Circuit Court Judge Robert Bork is unfit to serve on the United States Supreme Court. His views on fundamental questions of individual rights and...

...This isn't callousness, it's barbarism...
...The Sherman Act of 1890, the Clayton Act of 1914, and other regulations against economic concentration reflect "a generalized hostility to capitalism and free markets...
...Ignorance Is the Best Revenge The Soviet Union takes better photographs from space than the United States does, and that makes our Government unhappy...
...Equal protection for women, or Hispanics, or gays, or the handicapped would therefore not apply...
...He believes in business, he believes in the State...
...policy is placed in that familiar context of hostility toward the Soviets and resistance to revolution, there is no further need to ask questions...
...Soviet cameras, some of which may he clicking away on the Russians' manned space station that orbits the globe every ninety minutes, take pictures with a resolution of six meters—meaning they reveal objects measuring as small as six-by-six meters on Earth...
...This principle, he says, "runs counter to the text of the Fourteenth Amendment, the history surrounding its adoption and ratification, and the political practice of Americans from colonial times up to the day the Court invented the new formula...
...And it is contemptible of the unions to lend their good names to such a shoddy deception...
...What's more, with Bork as with his other judicial appointments, Reagan has gone out of safety's way to handpick ideological stooges...
...Such positions suggest that Bork's advent on the Supreme Court would be an unmitigated disaster...
...Instead of ordering the recliners off the market, or at least demanding changes in design on any new products, the Safety Commission decided only to issue a tepid safety alert...
...It came to this conclusion by way of "cost-benefit" analysis, the Reagan Administration's favorite excuse for inertia...
...Now the Soviet Union wants to sell its photos commercially in the West...
...11 Exclusionary rule...
...Government, which wants to limit sales because the photographs threaten "national security...
...And, as Ronald Dworkin, professor of law at Oxford University, has pointed out in The New York Review of Books, the pious reference to the framers is the flimsiest sophistry...
...Since each chair lasts about ten years, the cost per chair was estimated at twenty-five cents...
...The First Amendment applies only Guido Calabresi, dean of Yale Law School, where Robert Bork taught for fifteen years, says Bork 'ignores the significance of discrimination' in America...
...2) The KGB...
...why the nations whose vessels have been placed in jeopardy haven't taken their own defensive measures...
...In May, the government of Kenneth Kaunda decided to abandon the stringent austerity measures the IMF had demanded...
...H Antitrust...
...That argument has no merit...
...We are committed to giving The Progressive's advertisers the widest possible latitude, and we have no problem at all with presenting our readers with the opinions set forth in this particular ad...
...The conscience of the court," he has said, "ought to be at least equally shaken by the idea of turning a criminal loose on society...
...In our judgment, it is improper for the cigarette manufacturers to hide their interests behind the good names of fourteen labor unions...
...In the last six years, per-capita annual income in Zambia has dropped from $630 to $200 under IMF tutelage...
...The State Department maintains an Automated Visa Lookout System that lists six million persons believed to be terrorists, radicals, communicable-disease carriers, and others deemed undesirable visitors to the United States...
...Created at Bretton Woods in 1944, the IMF, dominated as ever by the United States, now covers 151 nations...
...But when the feast is the Constitution, it matters who does the carving...
...He has indicated that he disagrees with the Supreme Court's 1971 decision in Cohen v. California, which upheld an individual's right to wear a jacket bearing the slogan, Fuck the Draft...
...We could take advantage of their more detailed images...
...Navy sticks to its public-relations port calls and starchy ceremonial duties...
...Bork has called Roe v. Wade "an unconstitutional decision, a serious and wholly unjustifiable usurpation of state legislative authority...
...For a recall or a repair to be justified, the Commission reasoned that it should cost consumers no more than $ 1 million a year...
...Dworkin concludes that Bork "has no theory at all, no conservative jurisprudence, but only right-wing dogma to guide his decisions...
...The Commission placed a $1 million value on each death or injury, and since the twelve victims were spread across a dozen years' time, the Commission put the costs of the hazard at $1 million a year...
...An appeal to the framers' intention," Dworkin writes, "decides nothing until some choice is made about the right way to formulate that intention on any particular issue...
...Obviously, the Soviets already have the photos, and they are perfectly free to sell or give them to anyone they please...
...It hasn't said, but a couple of notions spring to mind...
...whether most of the attacks on shipping in the Gulf haven't been mounted by Iraq...
...The Tobacco Institute, which is mentioned nowhere in the advertising copy, has every right to make its pitch against Federal excise taxes...
...Sounds good, right...
...The American satellite system Landsat—newly privatized—beams back photographs with a resolution of thirty meters...
...He does not believe in individual rights or individual liberties...
...A remedial strategy that is fully effective in eliminating the hazards of entrapment will be cost-effective only if it adds less than a quarter to consumers' costs," a Commission economist concluded...
...He is an authoritarian, a cor-poratist...
...Bork would be one of the most activist judges in American history, voting at every turn to reverse settled constitutional doctrine...
...He is in favor of letting courts admit evidence that was illegally obtained by the police...
...In 1985, the agency became aware that in the previous twelve years, nine children had died and three others had been seriously injured when they were caught between the leg rest and the chair of some recliners...
...Once any U.S...
...That is not the kind of Justice who ought to be deciding the law of the land...
...naval intervention in the Persian Gulf...
...It has no intellectual structure to it, so you don't know in advance to what it applies...
...almost without exception, he has sided with the Executive Branch against all comers...
...The IMF is nothing but an international extortionist...
...The Commerce Department also issued regulations in early July by which the Departments of State and Defense can veto license applications for private ownership of satellites capable of high-resolution photography...
...H Free speech...
...His views on fundamental questions of individual rights and civil liberties are so foreign to the democratic principles of our Constitution that they disqualify him from serving on the nation's highest tribunal...
...If you guessed number four, move to the head of the class...
...It's not, shall we say, a major pastime...
...Bork has referred to the famous clause in the Fourteenth Amendment as the "Equal Gratification" clause and would strictly limit its application...
...But much more than that cannot properly be read into the clause...
...Whose national security they threaten is a mystery...
...The Commerce Department thinks it best that we not know...
...And the news media used such photos to good effect last year in documenting the radioactive hot spots caused by the explosion of the nuclear-reactor complex at Chernobyl...
...The American people are the only ones who won't get to peek...
...Maybe someone in the Pentagon is uncomfortable...
...Those unions-there are fourteen of them—are identified at the bottom of the ad by their names and official seals...
...In the absence of a persuasive official explanation, however, it is reasonable to accept the two purposes suggested succinctly by The New York Times: "to defy Soviet encroachment in the Gulf and to challenge Iran's revolutionary leaders...
...The right of privacy strikes without warning," Bork said in a 1985 interview...
...1 Equal protection...
...Here's how "cost-benefit" analysis worked in the case of the recliners, according to Bill McAllister of The Washington Post...
...Not to the U.S...
...Civilian experts have begun to use satellite photography to make independent critical assessment of military deployment and trends...
...They claim that the proper role of the Senate is to consider only the legal skills and moral character—not the ideology—of the appointee...
...What's worse, he feels no compunction about overturning precedent to impose his views...
...For some $300 million in aid, the Fund had insisted that Zambia raise fertilizer and fuel prices and end food subsidies, moves which would have greatly increased the cost of living for Zambians...
...He has criticized the Supreme Court's decision in Griswold v. Connecticut (1965), which made it legal for married couples to use contraceptives in their homes...
...Chances are you'll find three initials: IMF...
...Constitutional doctrine," he says, "should continually be checked not just against words in prior opinions but against basic constitutional philosophy...
...The latest country to chafe at the barbed bit is Zambia...
...The next time you read about food riots in a Third World country, check the fine print...
...When the Commission estimated that the "remedial strategy" would cost more than that, it decided to take no regulatory action...
...Cost-Cost Analysis Regulation is to the Reagan Administration as dieting was to the Romans...
...It becomes unnecessary, for example, to ask whether it wasn't Iraq rather than Iran that initiated hostilities in the Gulf...
...Antitrust should never interfere with any conglomerate merger," he has said...
...He seems particularly hostile to gay rights, objecting as a law professor at Yale in 1978 to the university's decision to bar law firms from recruiting on campus if they discriminate against gays...
...It is headed, The drive to increase excise taxes could drive us out of work, and it argues that if Congress were to increase Federal excise taxes on such products as gasoline, telephones, cigarettes, and beer, it would jeopardize the jobs of "farmers, truckers, sales clerks, mechanics, factory workers," among others...
...A glance at Bork's positions on several vital issues demonstrates how dangerous a Justice he would be: 11 Abortion rights...
...why members of the Administration were engaged only a few months ago in selling arms to the Iranian regime they now denounce so vehemently...
...The ad is illustrated by a photo of three properly solemn-looking individuals who are described as "members of sponsoring unions...
...The International Monetary Fund is virtually unknown in the United States, but in the Third World, it is a familiar—and dreaded—institution...
...Nowhere does the Constitution stipulate that ideology may not be considered by Senators weighing the qualifications of a judicial appointee...
...But that's just a smokescreen to conceal his real intent...
...There is something peculiarly American about the notion that ideology shouldn't be a factor...
...Almost without exception, Bork has aligned himself with industry against the consumer...
...Several Presidential appointees to the Court have been rejected on ideological grounds, from George Washington's Administration to Lyndon Johnson's, when some of the same conservatives now cheering for Bork led the ideological battle to deny Abe Fortas the position of Chief Justice...
...It is supposed to lend money to member nations to help stabilize their economies...
...He claims to have tempered his views since then, though he remains hostile even to some political speech...
...But there is an additional fact we believe you should know: The advertising agency that placed the ad with us (and with other publications), Ogilvy & Mather, did not claim to be acting on behalf of any or all of the unions identified as sponsors of the ad...
...Aware of Bork's vulnerability, conservatives are clinging like barnacles to a slippery interpretation of the Senate's duty to "advise and consent" on judicial appointments...
...But readers have a right to know whose pitch is being made...
...What is the Government protecting us from, anyway...
...We'll all be better off if the U.S...
...U Privacy...
...He has also opposed the outlawing of the poll tax, and said that forcing white restaurants and hotels to serve blacks was "unsurpassed ugliness," a view he has since recanted...
...Truth in Advertising The advertisement that appears on Page 21 of this issue presents a legitimate, if debatable, point of view...
...That dogma has characterized Bork's work on the District of Columbia Circuit Court...
...The Persian Gulf has woe enough without turning our fleet loose in its troubled waters...
...In Ollie's interest, I would get him transferred or sent to Bethesda [Naval Hospital]/ —Robert McFarlane in a note to Admiral John Poindexter, June 1986 to "explicitly political" speech, he wrote sixteen years ago...
...A commission economist estimated that forty million recliners were in use...
...3) Libya...
...By simple division, to repair each chair should cost no more than two-and-a-half cents per year...
...Among them are such respected and powerful labor organizations as the International Association of Machinists and Aerospace Workers, the United Mine Workers, the International Union of Electrical Workers, and the Amalgamated Clothing and Textile Workers...
...The Fund that Squeezes Foreign intervention in the Third World comes most commonly from which one of the following: 1) The CIA...
...Folly and the Fleet No one in the Reagan Administration—neither the President nor the Vice President, neither the Secretary of State nor the Secretary of Defense-has yet offered a coherent rationale for the U.S...
...If he can consider ideological standards in choosing his judges, why can't the Senate apply ideological standards in evaluating them...
...Besides, "the original intention theory appears to be self-defeating," Dworkin says, "because there is persuasive historical evidence that the framers intended that their own interpretations of the abstract language they wrote should not be regarded as decisive in court...
...why no attempt was made to take up a Soviet offer to collaborate in reducing tensions in the Gulf...
...instead, it imposes laissez-faire economic policies on Third World countries even when they cause great hardship to millions of people...
...In the land of pragmatism, ideology is considered something foreign and unseemly, or something insignificant and private...
...Like Attorney General Meese, Bork cloaks his King George politics in philosophical terms of "judicial restraint" and faithfulness to the intentions of the framers of the Constitution...
...It also contends, quite accurately, that such taxes (like all sales taxes) constitute an unfair burden on the poor...
...4) The IMF...
...Take the Consumer Product Safety Commission...
...That such intervention, with its ominous potential for catastrophic military escalation, could be mounted with only a few dithering whimpers from Congress provides further evidence of the decay of constitutional government in the United States...
...It squeezes Third World countries into adopting cruel policies, and any country that balks is left with no money in the bank...
...11 One person-one vote...
...The law requires that "government not discriminate along racial lines," Bork has said...
...What if something like that happened here...
...He would ignore previous rulings of the Court in favor of his own crabbed notion about the rights of individuals...
...No politics or religion at the table" is a staple in American dining rooms...
...it named its client as the Tobacco Institute, the lobbying arm of American cigarette manufacturers...
...There is no basis for judicial intervention to protect scientific or literary expression...
...The drive for intervention on any handy theory comes out of a frustrated socialist impulse...

Vol. 51 • September 1987 • No. 9


 
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