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...openly ideological fight in part because there is not much chance of blocking his confirmation on other grounds, though they can be expected to publicize the fact that he was the man who fired Special Prosecutor Archibald Cox during Watergate's Saturday Night Massacre. Says former U.S. Solicitor General Rex Lee, a Bork supporter: "Bob Bork is probably the most qualified person to be a Supreme Court Justice from the standpoint of intellect, temperament and training." A former Yale University law professor who was appointed to the U.S. Court of Appeals for the District of Columbia by Reagan...

Author: /time Magazine | Title: The Battle Begins | 7/13/1987 | See Source »

Under Senate questioning before being confirmed as Solicitor General in 1973, Bork recanted the views he expressed in the New Republic ten years earlier, when he condemned federal legislation requiring hotels, bars and restaurants to serve black customers and grumbled that it compelled people to mix with those with whom they did not wish to associate. Bork says he has also stepped back from the radically narrow view of free speech he suggested in a 1971 law-review article. At the time, Bork stated that the First Amendment protects only "speech that is explicitly political" and extends no guarantees...

Author: /time Magazine | Title: The Battle Begins | 7/13/1987 | See Source »

...says Republican Presidential Candidate Jack Kemp. "To bring the Supreme Court back, after 25 years of wandering far from the meaning of the Constitution." Others contend that the Senate's constitutional responsibility to advise and consent does not extend to judgments of a candidate's philosophy. Says former Deputy Solicitor General Paul Bator: "If we adopt a political litmus test, our most distinguished members would fail...

Author: /time Magazine | Title: The Battle Begins | 7/13/1987 | See Source »

...concept. There is no consensus, however, on what establishment of religion is or what it signified to the Founding Fathers. Law Professor A.E. Dick Howard of the University of Virginia says the Supreme Court has had difficulty forming "a consistent, plausible, steadfast interpretation" of establishment. More bluntly, former U.S. Solicitor General Rex Lee snaps, "The law's a mess...

Author: /time Magazine | Title: RELIGION Threatening the Wall | 7/6/1987 | See Source »

...Department's contention that affirmative action should be used only to remedy harm to individual victims of discrimination. This time the department, which brought the case to the Supreme Court when the troopers declined to appeal, argued simply that affirmative relief must be narrowly tailored, like "hand and glove." Solicitor General Charles Fried denounced the one-for-one quota as "excessive" and "profoundly illegal...

Author: /time Magazine | Title: Law: Replying in The Affirmative | 3/9/1987 | See Source »

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