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Judge Robert H. Bork And Double Standards

by Dan Bubalo – Judge Robert H. Bork passed away on December 19th with hardly a mention in main stream media outlets, thus continuing a profound ignorance and prejudice that borders on hatred by news dissemblers toward a brilliant jurist, and perhaps in their warped minds they felt they were dealing him one final body-blow of disrespect. The Fifth Column operatives have nothing to fear in terms of reprisal regarding outrageous characterizations and misrepresentations, and it was apparent in the short obituaries and biographical accounts of Judge Bork because any forthright portrayals of his sagacity were in ultra fine print or relegated to obscure footnotes.

Imagine the uproar if a journalist was to suggest that John Kerry bears a strong resemblance to Herman Munster

It was easier for the press to regurgitate the bromidic cheap shots of the man’s visage for how he appeared during the contentious Supreme Court confirmation hearings of 1987, suggesting that he had droopy eyes, delivered legal analysis coldly and concisely, that he had an odd shaped beard, and was not telegenic.  Apparently it was easier to recount those meaningless observations 25 years later than to analyze objectively the positions he advocated, and why the rejection of those astute positions has allowed the country to slouch toward Gomorrah faster than even he could have possibly imagined.  To call such analysis shallow would be to raise it to an unworthy level.

Imagine the uproar if a journalist was to suggest that John Kerry bears a strong resemblance to Herman Munster, or that the President’s ears are so large he looks like a Coup de Ville with both doors open, or commented that at last Ted Kennedy hasn’t had a drink in over three years.  Those points are moot with respect to dissent and would illicit outrage, so why was not some semblance of courtesy extended to a great legal mind? Just because he had a position with which one disagreed?  Is such acrimony justified for a man who refused to indulge liberal whining and bravely took on the role of telling Americans that they’d have to eat their vegetables, especially from a party that champions anti-bullying, no less?  The moral relativism of which Judge Bork wrote is precisely what allows simple-minded and callow lefties to rationalize an existence rife with double standards.  How wretchedly vacuous.

The easily pilloried Ted Kennedy, who ironically was tossed out of the University of Virginia School of Law for cheating, led the assault on Judge Bork by stating that, “In Robert Bork’s America there is no room at the inn for blacks and no place in the Constitution for women”, though profundity and the deceased senator’s name were ever used in the same sentence.  Vitriol and unfounded aspersions are often used by opponents to mask their intellectual limits, yet this superficial bellicosity found an uncommon foothold and became a rallying cry for those who believe minority status is only rectified by developing new types of discrimination against others because they are incapable of formulating workable solutions themselves.

Judge Bork was a constitutional constructionalist, a legal philosophy which puts limits on judicial “interpretation”, for he believed the shenanigans of wringing the Constitution like a dish rag or folding it like an origami student was a misinterpretation of its authors’ intent, and that the actions of the Warren Court in general along with the machinations of Justice William Brennan specifically, weren’t tangential to constitutional law but just plain wrong.  He was completely against judicial activism for the same principle, for he reasoned that a position which had absolutely no chance of winning voter approval nor making it into law through the legislative process was contrary to the Constitution, and to find a friendly judge with an ideological bent that would grant the request of a minority of constituents ran contrary to the wishes of the founding fathers.  Tyranny is naturally rooted in subjectivity and perverse rationale, while standards set forth for all to follow provided an objective and fair (yes, FAIR) manner in which to contemplate the greater good for everyone.  And he was right.

The media and political opponents successfully misrepresented that simple premise by suggesting that Judge Bork, therefore, hated ALL minorities, and the campaign to derail had its roots in other grotesque exaggerations of his reasoning, based entirely on opposition, and in most cases bereft of logic and resting firmly in hyperbole.  Bork’s interpretation that minorities and minority quotas, special recognition of sexual preference, and all women, are not in any way specifically recognized by The Constitution was skewed by his opponents to mean that he was a race monger, homophobic, and misogynistic, and those gross misrepresentations were again, untruthfully, salted through what limited acknowledgments of his passing could be found.

“To Bork” and to be “Borked” was phraseology that not only became part of the nation’s argot but was ultimately recognized as a formal part of America’s lexicon upon becoming entries in a number of dictionaries.  It was re-reported after his passing that his 58-42 confirmation defeat remains the most one-sided defeat ever of a Supreme Court nominee, while conveniently not reporting that the Democrat party held a 55-45 majority in the Senate during those hearings.

The irony, of course, is the legal positions he advocated and those against which he argued was done not only with knowledge of the past, but with an eye firmly affixed on the future.   He believed in the need to protect the integrity of law by adhering to its intent and not bending it like rays of light through a prism in order to satisfy the plaints of super small minorities or creating coalitions like “women” out of whole cloth, and he was correct in his assertions that the malleability of jurists not only impacted the aforementioned divisions of the population, but that indulgence had the ripple effect of unintended consequences and affected all citizens by currying favor for special interests, while the intent of the Constitution was to protect all citizens uniformly.  An Amendment Process allows for change to the Constitution but there is no provision for enacting legislation from the bench, so to vilify a respected jurist for arguing the erosion of such constructs would lead to disorganization and diminish a country as opposed to elevating it is intellectually empty at best, and self-serving and narrow-minded at its worst.  Further, the decline in social mores has materialized just as he predicted because a minority of special interests has been resolute that we must embrace a moral relativism wherein self-indulgence is rewarded and self-reliance is denigrated.  We have collectively arrived at that juncture by taking the low road of appeasement as opposed to encouraging achievement, and our country is now steered by the embodiment of self indulgence, much to the majority’s loss at the expense of sectarian gain.

And while it is a time when everyone is accustomed to wishing others a Happy New Year, all I can say at this juncture, along with the turmoil about to hit the economy is, “Dream on.”

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37 Responses to Judge Robert H. Bork And Double Standards

  1. Marilyn January 1, 2013 at 7:11 pm #

    Thank you, Dan. I am in midst of reading one of Bork’s books, “Slouching Toward Gomorrah”. As I understand it, Bork’s near seat in the Supreme Court during Reagan’s administration was also foiled by no other than VP Biden. Between Kennedy and Biden, they did a smear campaign on Judge Bork and he knew he would never have a chance. Judge Bork was a very intuitive man and, like Ron Paul, knew in depth what the Constitution held for keeping a sovereign government for the People and by the People. Is it any wonder Judge Bork’s passing and good account of his life was not mentioned in any great depth by the mainstream media – He represented the good and decent laws backed by the Constitution and the biased journalists/reporters have thrown their “Journalist’s Creed” to the wolves. Bork did not represent the “forward – progressive” movement!! I wonder if liberals know what the end results of that movement will do to them!?

    • Dan Bubalo January 1, 2013 at 7:28 pm #

      I read Slouching Toward Gomorrah twice, Marilyn, and underlined passages the second time———and have used it as a reference on many occasions since. It is arguably the best treatise on conservatism and the founding fathers ever written.

      Do the lefties know what they have wrought by categorically shunning Judge Bork and what he advocated? Neither answer is good:

      They are either too ignorant to understand it, or they understand it and don’t care.

  2. Gene Williams January 1, 2013 at 8:53 pm #

    What ON EARTH are you talking about? I already heard this on "mainstream media." Thanks for telling us something we already knew.

    • Dan Bubalo January 1, 2013 at 9:31 pm #

      To which snarky references are you referring, Gene?

    • Mychal Massie January 2, 2013 at 6:51 pm #

      gene williams: it seems that you are becoming more and more contentious…I suggest that you articulate clearly what it is that you’ve heard before and allow for reasoned response…I would also suggest that perhaps not all are as informed as you would have us believe you to be…

  3. Phillip Marks January 1, 2013 at 7:45 pm #

    Edward Kennedy the one who made the left turn instead of a right one thereby causing a life to be lost, escaped punishment by society because of the Liberals. But in the end God let the laws of the universe and mother nature do its thing on him.

  4. Bill Sr. January 1, 2013 at 9:04 am #

    Words and there usage or arrangement are important to the left because they can be construsted in a way to lead us from the truth or invent irrational theories.

    When those who wish to change our values they first must change our language and the liberal progressive leaders who have been writing our laws and regulations for the past several decades are master at it.
    Who would have ever thought that under healthcare we’d come to believe pregnancy was to be considered a “disease” from which women must be protected, or if “contracted” can be viewed as “punishment”. Other tricks in vocabulary are more subtle. When debating an issue if you disagree with their agenda or arguments you are “divisive” or “confrontational” and to them “compromise” is when you are willing to capitulate to their wishes. This is the language which the left and our own president are using today.
    The facts are today a new human life in the womb is no longer recognized as a gift from heaven or the procreated fruit of true love. Our president has even described its presence as a “punishment” for making a poor choice. Life in the womb is not treasured by society as its most valuable asset and our hope for the future.
    So if it has become a war of words we need to, as the president has said, “Level the playing field”.
    This society being fashioned by the liberal progressives has decided womb life is no life and deserves “little consideration” and no “protection” under the law. Some, like our president have “personally” voted (three times) and “legislatively” determined that even when taken out of its “home” in the womb and “discarded” on an abortionist operating table having survived an attempt to be “destroyed” it must be “ignored” and left to die since it was “unwanted”. Unlike the unwanted and homeless on our streets these precious little souls currently have no tin cup or “neighborhood shelter” or government “assistance” program to turn to for help. When they “arrive” on the scene or sonogram they aren’t received like illegal aliens and given the “benefits of citizenship” like the thousands crossing our borders daily. In short, the most helpless of all “new life” in our country are not only the “least served” by us they are being deliberately challenged by a totalitarian regime as a “social problem” unless (pray God) they are actually desired by the “patient”…formerly known as mothers.
    We should add, lest you think otherwise, the next “target” for the “tyrants of translation” will be to “convince” us their wonderful healthcare system can no longer carry and somehow needs to eliminate or be “relieved” of the tremendous tax “burden” of the extremely expensive elderly “beneficiaries” of Obamacare.

    • Dan Bubalo January 1, 2013 at 9:17 am #

      The elderly are in line to receive an express ticket out of here, Bill Sr., and already deemed “expendable” in various codicils of the health care sludge, WHICH NOBODY HAS STILL READ IN ITS ENTIRETY.

  5. borkisshit December 31, 2012 at 9:12 pm #

    Bork would have voted in the majority in the Dred Scott case. That’s all you need to know. His jurisprudence is shit. If you have any respect for him you either do not understand the law or you are also shit. The idea that Bork was the victim of a purely political attack is ridiculous. Whenn confronted with his own views it wad clear he wad reactionary and
    unwilling to take ultimatr responsibility for them. His obedience to Nixon following the resignation of not only the attorney general but also the deputy exposes his pure corruption.

    • Dan Bubalo December 31, 2012 at 9:24 pm #

      You are obviously new to the website, for readers in this forum offer their insights in a logical and informed manner as opposed to you, who is content to spew venom and attempt to reason with sound bites.

    • Mychal Massie January 2, 2013 at 7:32 pm #

      borkisshit: I would argue your user name says all we need consider pursuant to your opinion…

  6. pblee December 31, 2012 at 6:47 pm #

    Dan,
    An excellent and insightful tribute to Robert Bork, arguably the finest legal mind in our modern history. Although it has been our national loss that he wasn’t seated and God only knows (and we all may speculate) what his judicial legacy might have been, may I point out the one glimmer of silver in this cloud? Had Judge Bork been confirmed and seated on the court rather than Reagan’s next choice, Anthony Kennedy, who serves today, we would be faced with the prospect of another judicial candidate from the grand legal mind of Barak Hussein Obama in 2013. What a truly disturbing prospect….

    • Dan Bubalo December 31, 2012 at 9:39 pm #

      The Radical could make up to four SC nominations if he is not impeached.

      That is as frightening as nuclear war in my book, pblee.

  7. Pamela Arnold December 31, 2012 at 5:39 pm #

    Hi Dan,
    There seems to be many great stories missing from the Main Stream Media if it does not fit into their agenda. Judge Robert Bork would be one of those stories. After all, he was a man of integrity, morals, values, was loyal, and a great constitutionialist. Lived his life by the rules of the Constitution. Now, the only one of those words that could, perhaps, pertain to today, would be loyalty. But a very misguided loyalty. One to a person that was raised with and around people that have a true hate for America. To a man bent on destroying the economy (nearly accomplished). To a man that wants only chaos, so he can seize control over every aspect of our lives. To a man that wants to rid us of every freedom we have ever known. To a man that will turn this great country into a Socialist, Islamist America. His name? Barack Huessein Obama. Unfortunately we have lost the great Constitutionalist. Where have all the Judge Robert Bork’s gone? Sorry, but with all this in mind for 2013 and beyond, I cannot say “Happy” New Year. Just that the Judge Bork’s, and others like him, will be sorely missed. Thank you for your article, and a good rememberence, of a great man.

    • Dan Bubalo December 31, 2012 at 9:49 pm #

      I appreciate your insight, Pam, and not just because we agree. There can be dissent and it is possible to still appreciate one’s reasoning.

      A case in point follows your post this evening. We can only wonder two things: did someone put the writer up to the smear, or is the writer really that ignorant?

      OR, both?

  8. Gene Rutt December 31, 2012 at 7:41 pm #

    Fine and cogent writing, Mr. Bubalo

    • Dan Bubalo December 31, 2012 at 3:29 pm #

      Thank you, Gene, and thank you for dialing in.

  9. John McClain December 31, 2012 at 4:01 pm #

    We must look carefully, because it is so easy to listen to the story, see the players as "the media", the politicians, and the those loose ends, the mouthpieces who make these egregious comments, nothing close to truth, but which are picked up and broadcast like great wisdom and commentary, and consider these "the fifth column" which has been busily tearing apart our form of Nation, throwing down our first principles, and deliberately demeaning and deriding our most fundamental beliefs. They are not!

    The socialists began their infiltration in the 1830's, as they were made unwelcome throughout Europe, as every nation there had either experienced the collapse communism causes, or watched their neighbor collapse. Europe was educated as the "colonies" were, and our Nation was looking at establishing fixed schools for all, state run schools, and we were seen as "the perfect petri dish" for inculcating socialism into a culture through education.

    We don't elect from our choice, but from among those we are offered by the communist core which rules the nation. Both parties act exactly the same while speaking completely differently, run by the same power behind the scene.

    Senator McCain didn't lose the election, he never really ran, he was there for show. Did he ever mention the fact he was fully vetted by angry, confrontational questions of his right to the office, and his opponent got a pass? The incumbent presided over an increased unemployment steady over his entire term, added fifty percent to the national debt in the same time, oversaw almost tripling of unemployment, ran guns illegally into Mexico, in essence the president selling guns to the Mexican drug cartels, and in the month before the election, was about to be shown as having run tons of guns and missiles to Al Quaida and other named National enemies, yet did his rival mention any of these acts of treason in the election process?

    Senator Joe McCarthy was right on every single accusation, with every FOIA release, happening only because of the "twilight provision of fifty years", has shown the exacting accuracy of each and every single accusation made, which has been publicized by force, so far.

    Judge Bork identified the proximate cause of the entire descent of our Nation, from one founded firmly on principles timeless, and exact in their correctness, being reduced incrementally by deliberate acts lying about principle the leaving of truth as a foundation, and the introduction of moral relativism, cultural relativism, as supposed rational alternative ways of finding truth.

    We must look and see, we don't have a "journalism industry" in America anymore, we have a communist run propaganda mill, and real journalism takes place exclusively on the internet, and in the weekly rags, like shown in "Men in Black".

    We don't have a bi-cameral party system for elections, we have a communist run party system with two faces, to offer competing perspectives of candidacy and the illusion of having selected our own members of government. The sole members elected who are not compromised, are those such as Ron Paul whose constituents put in office despite the best efforts of the party.

    If we are going to have our Nation back, we must face this truth, confront it, and rise up and make it go away. We can do so by the sheer weight of numbers, but a real strong majority has to believe and understand to do so. If we fail to do it that way, we are left with rising as a people, in arms, or waiting for a coup. If we fail to end this immediately, within months, maybe as long as a year, the economy will collapse, the last check will leave Washington, and we will either patiently work out our way to barter and exchange goods, working for each other, or more likely, those who depend on government entirely will hit the streets in full riot, and the "department of Homeland Security" will come out to handle the people it was established to deal with, the Americans who won't do as they are told by government.

    Our choice, our future, totally decided by us. No authority ever came without responsibility in equal or greater measure. No power is assembled, without the capacity of its abuse. Only principles keep truth, and we no longer cleave to such.
    Semper Fidelis,
    John McClain
    GySgt, USMC, ret.

    • Dan Bubalo December 31, 2012 at 12:07 pm #

      Another irony emerges after reading your fine analysis, Gunny, and that is while the “takers” smugly vote to receive more, they quite literally are digging a grave for themselves and us along with them, because, shortly, when there is no more to “give” (read: confiscate) resources will be rationed and the screaming Mimi’s who take to the street to complain will result in martial law for all.

      This is like watching a wreck occur in super slo-motion.

  10. Mark S. Devenow December 31, 2012 at 3:31 pm #

    Herman Munster was much better looking than John Kerry and never was reduced to marrying rich women in order to get by in this world!

    • Dan Bubalo December 31, 2012 at 10:47 am #

      He was more charming too, Mark.

    • Linda December 31, 2012 at 11:21 am #

      I was thinking he looks more like Lurch!!

  11. SunnyVee December 31, 2012 at 10:22 am #

    Sadly, Dan, our dreams are now turning to nightmares! There is a new assault on our morals, values, and individual rights and freedoms several times a day now. Ironically, as the left tramples our freedoms, they push for “freedom” for the fringe few, totally ignoring the Constitution and our founding principles. Now that God, the Ten Commandments, and anything that smacks of morals is gone from any public places, especially schools, that vacuum is being filled with the worst kind of propaganda and lies that shape our youth, most of whom come from fractured families and are already struggling to find true North on their internal compasses.

    I fear that with this latest election, there is little we can do to right the situation: the media is wholeheartedly in on the lies and the sham perpetrated by the left (actually, they ARE the left) and too many takers now vote. That leaves We The People, who cling to our morals and values, a minority. My trust is in God, and I know He will right the wrongs, and do so in a manner that none of us on earth can conceive of to even be able to voice in prayer.

    • Dan Bubalo December 31, 2012 at 10:33 am #

      Lenin, Hitler, and Castro were full of empty promises and were heavy handed in quelling dissent, and look what that did for everyone.

      I see a pattern here……..how about you?

      • SunnyVee December 31, 2012 at 7:35 pm #

        Sadly, I do! We can’t learn from the past, obviously, whether it’s Rome, Germany, or Cuba. And don’t get me started on the immigrants to our country, mostly from Europe, who want us to adopt “their ways” even as Europe goes away from them because they are abject failures. Isn’t there a saying that goes like “if we repeat history we are doomed”?

      • wayne leggett January 2, 2013 at 4:52 pm #

        Dan I was born in 1938. Check and see who Time had on their cover as the man of the year. Adolph Hitler.

        • Dan Bubalo January 2, 2013 at 7:15 pm #

          Great point, Wayne.

          Isn’t it interesting today to listen to the common citizen as well as talking heads refer to the 90’s as if it was ancient history? ?

          “Those who do not learn the lessons of history are bound to repeat the mistakes.” Maybe I don’t have that quote down perfectly, but we both know to what I’m referring.

  12. Sharon Clark Todoroff December 31, 2012 at 2:48 pm #

    Judge Bork was treated by the left like so many other great thinkers. They do not want thinkers in position of authority – the want like minds in these positions, so they can control the outcomes. It has happened before Judge Bork, and it has happened after him. Yet the voters keep these narrow minded people in office by voting for them over and over. If we had term limits, then this type of power might be eliminated.

    • Dan Bubalo December 31, 2012 at 10:29 am #

      In years prior I was ambivalent toward term limits, and now I see it as a first critical step toward clearing out the trash.

      To expect integrity from congressional members as a whole would be asking a lot, but giving them a shortened tenure as opposed to what for many is a lifetime appointment, would be a great and necessary start toward a “cure.”

  13. Ben December 31, 2012 at 9:29 am #

    The Communist party demonizes, demagogues, and vilifies, until we identify them for what they are, liars, stop calling them “nice” and “my friend” across the isle, they will continue to keep electing their ilk to office. They write the book on PC, and our side cowers and wags their tails like a puppy looking for a treat.

    • Dan Bubalo December 31, 2012 at 9:41 am #

      Agreed, Ben.

      There are no “friends” across that aisle.

      • wayne leggett January 2, 2013 at 4:58 pm #

        We once had a Democrat congressman that I thought of not as a politician but as a statesman, and was a personal friend. Lawrence Patton McDonald.

  14. Dan Bubalo December 31, 2012 at 8:48 am #

    Over 90 percent of the idiots in congress kept their seats during the last election, including King Rat.

    What’s that say about the judgement of voters?

    • Jan December 31, 2012 at 10:46 am #

      Dan, concerning the “Judgement of voters”….Our elections are totally corrupt, full of fraud, and basically a lie.”our side” never ever holds this to account! They cave. I had assumed that Mitt wouldn’t, at least not on election night! but he did. Only Allen West fought, and exposed it..but in the end he too conceded. I think the only hope would be purging the lists, and doing it Iraqi style, with ink dipped fingers, valid ID required, and voting in person on election day. The right has never fought back on motor voter or any of the tactics of dead voters, foreign voters, and now with electronics, it’s nearly hopeless.

    • John McClain December 31, 2012 at 11:19 am #

      Dear Dan, I wish we could honestly suggest this incredible statement were solely from “the voters”. We could choose to do something about that. While communism remains openly in government and in our society, accepted even if found disgusting by so many, we must realize the most critical issues will be focused on by them, and they will do their best to ensure they control the outcome.
      We have allowed them to gain so much power they have no need to bomb or assassinate, but can merely move their “useful idiots” from place to place to alter and effect desired outcomes.
      The very idea of having union goons from half a dozen states descend on Wisconsin at the time of their elections, to try to prevent Governor Walker from being re-elected is a demonstration of the power of communism, working within the legal framework of our society while being violently in violation of all our national principles, and with no means of rationally qualifying such an act as anything other than criminal and deceitful.
      We must make communism a hateful word, one every American hates, and finds despicable, as it is the proximate enemy of our exact, planned and established form of government, designed deliberately, before it was installed. The whole of Europe is caught up and there appears no weakness which can be exploited there to get back to honest principle. We must be completely disarmed before we are broken, because as long as we remained an “Armed Citizenry”, we retain the capacity to tell our debt holders, “that is not OUR debt”, “We, The Sovereign Citizens, never authorized it, and it belongs to the criminals you were willing to associate while they were in our government doing your bidding, against our nation”.
      The sole purpose of the U.N. small arms treaty is to disarm “the citizens of the United States”. We can’t be invaded for failure to pay the debt, we remain capable of stopping any concerted government action, whether it be our criminal central government, or the invasion of U.N. troops on our soil.
      Communists have had to enter working with kid gloves on because we have retained some aspects of personal reliance and responsibility that armed citizens have above and beyond any other form of citizen/subject.
      We, America, must be broken in spirit and in our faith, for world government to be implemented. We get to choose the future of our own time. We, America, alone does.
      Thank you Dan, for making this a public issue, Judge Bork is he canary in the coal mine, and I believe he is with The Lord now.
      Semper Fidelis,
      John McClain
      GySgt, USMC, ret.

      • Dan Bubalo December 31, 2012 at 1:01 pm #

        He is to be remembered not only for his principles, but for being steadfast and unyielding in his beliefs despite the never-ending flak.

        The canary in a coal mine is chilling, John, but it is also an apt analogy.

  15. simmjz December 31, 2012 at 4:48 am #

    A real opportunity to confirm a great legal mind was lost in the new sea of character assassination lead by the most corrupt and criminal politician . what truth he said that he( Bork) was saddened that even though he’s confirmation was denied that qualified people would not seek governmental positions.We are stuck with the ignorant who control our money. Happy new year? get a bunch of clothespins for your nose obama’s 2013 is about to emerege.Great article Dan! on the mark again.

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