Jun 23, 2010 12:35pm

Judge Robert Bork Blasts Elena Kagan

ABC News' Ariane de Vogue reports:

Judge Robert Bork, whose nomination to the Supreme Court went down in flames in 1987 after contentious confirmation hearings, said for the first time today that he is opposed to Elena Kagan’s nomination to the Court.

"Ms. Kagan has not had the time to develop a mature philosophy of judging," said Bork in a conference call organized by Americans United for Life.

"It is typical of young lawyers going into constitutional law that they have inflated dreams of what constitutional law can do and what courts can do," Bork said. "That’s the danger of Ms. Kagan that she hasn’t had any experience that would lead her to mellow…the academia is not a place where you use prudence and caution and other virtues of a judge."

Bork was asked about an article that Kagan wrote in 1995 that praised Bork and said his hearings should be a "model" for all future confirmation hearings.  Kagan wrote that even though Bork was eventually rejected, the hearings presented an opportunity for the Senate and the nominee to engage on controversial issues and educate the public.

"Not since Bork," she said, "has any nominee candidly discussed, or felt a need to discuss, his or her views and philosophy."

Bork didn’t respond to Kagan’s article but said modern day confirmation hearings have "changed vastly."

"They have become more politicized…the vitriol is really extraordinary and why anyone would want it to continue I don’t know," he said.

He said he was initially prepared to support Kagan based on her hiring of Conservative legal thinkers while she was Dean of Harvard Law School, but since learning more about her he felt the hiring was just, "her way for running for office."

“The one thing the republicans would gain by making an issue of the Kagan hearings is a little integrity for future battles,” he said when asked whether Republicans should make an effort to take issue with Kagan’s confirmation. He added that the Republicans would lose "their reputation for rolling over any time a woman or a liberal is nominated."

Bork saved most of his criticism for Kagan for her praise of Judge Aharon Barak, the retired Chief Judge of the Supreme Court of Israel.

In 2006 Kagan praised Barak at an event at Harvard Law School  She called Barak "my judicial hero" and said, "He is the judge who has best advanced democracy, human rights, the rule of law, and justice."

Bork has written critically of Barak who he believes has an "extravagantly activist record."

Bork said if Kagan is confirmed, "you will have a court that is much more to the left than we have today."

– Ariane de Vogue

User Comments

And the court is to the right wingers now. With the right wingers thinking their ideology is the only path of correctness. Bloated self righteousness. I’m sick of it

Posted by: TV | June 23, 2010, 1:09 pm 1:09 pm

Bork “Liberty in America can be enhanced by reinstating, legislatively, restraints upon the direction of our culture and morality. Censorship as an enhancement of liberty may seem paradoxical. Yet it should be obvious, to all but dogmatic First Amendment absolutists, that people forced to live in an increasingly brutalized culture are, in a very real sense, not wholly free.” Judge Posner once wrote that the alternative to allowing an unregulated speech marketplace is permitting government censorship, leaving “the government in control of all the institutions of culture, the great censor and director of which thoughts are good for us”
So how many right wingers still admire this fascist?

Posted by: Ryan C | June 23, 2010, 1:19 pm 1:19 pm

All the world’s a stage…

Posted by: Dontget818 | June 23, 2010, 2:33 pm 2:33 pm

“Ms. Kagan has not had the time to develop a mature philosophy of judging,” said Bork.
He then proceeded to shake his fist and angrily insist she keep off his lawn.

Posted by: jhw539 | June 23, 2010, 2:35 pm 2:35 pm

Lack of maturity is going around this week.. or rather, accusations of lack of maturity..
We’re all grown-ups here.. ?

Posted by: Dontget818 | June 23, 2010, 2:43 pm 2:43 pm

Does anybody even listen to ABC anymore? I am here only becuase of the link from Drudge. You liberal haters are too much. So enlightened, so wise.
Ha Ha Ha I am LMAO at you. and oh by the way, how’s Peter Jennings? Did he go back to Canada? Haven’t heard from him in a while. Who is on your network?

Posted by: Deskboy | June 23, 2010, 4:46 pm 4:46 pm

We need more Bork’s, less Cagan’s unless you’re enjoy the direction of this country. We are on a trajectory to the 3rd world in the “no moral standards” segment of society.

Posted by: Tim | June 23, 2010, 4:55 pm 4:55 pm

I just wish someday a politician, judge or government official will live up to the oath of office.

Posted by: PabloKoh | June 23, 2010, 5:09 pm 5:09 pm

The Supreme Court’s ONLY job is to serve as one of the checks and balances to runaway government control. They are supposed to interpret legislation against the Constitution and ONLY against the Constitution. Judicial activism was started by crazy liberal judges and has played a significant role in losing our rights. There should be no such thing as judicial activism but as usual corruption wins.

Posted by: Stick to the Job | June 23, 2010, 5:21 pm 5:21 pm

Borks views on Kagan interested me…until he made the comment Kagan’s nomination was rooted in the president’s desire to make history with the nomination of an additional woman to serve on the high court. “For some reason, presidents get all excited for having ‘firsts’, and this would be the first court with three female judges on it,” Bork said.
Come on Bork. That’s a stretch. Maybe if she was the first woman…but the third woman doesn’t even raise an eyebrow on anyone but you.
Bork should have said something like the Obama was excited to have the “shortest woman” in the courts history.
That would have been a REAL first.

Posted by: Norris Hall | June 23, 2010, 6:27 pm 6:27 pm

Curious that if you want to uphold the constitution, you are a right winger? I think we might be over the edge already. The problem with socialism is that the liberals run out of other people’s money to spend.

Posted by: Observer | June 23, 2010, 6:29 pm 6:29 pm

I liked Bork through his whole process. I’ve disliked Kagan since I started hearing things about her in the liberal press. Although there is not a requirement for previous judicial seats for the Supreme Court, there should be. In the past the Congress and the President had legal bodies review EVERYONE that was considered for the court. Why did the peer review end?

Posted by: JimB | June 23, 2010, 6:33 pm 6:33 pm

Judge Bork has a GORGEOUS wife. Somehow he managed to marry a former nun. Without dropping the J bomb, just look at the countenance of the Psycho’s that declare their sin as sodom, they HIDE IT NOT. I hope Robert Bork lives to be a VERY OLD MAN. Isaiah 3.

Posted by: Anthony Clifton | June 23, 2010, 6:46 pm 6:46 pm

“In the past the Congress and the President had legal bodies review EVERYONE that was considered for the court. Why did the peer review end?”
It didn;t though the Bush admin decided to ignore any ratings from the ABA good or bad.
Wiki: In 2001, the George W. Bush administration announced that it would cease cooperating with the ABA in advance of judicial nominations. The ABA continues to rate nominees.
LAT”Supreme Court nominee Sonia Sotomayor has received the stamp of approval from the American Bar Assn. less than a week before her confirmation hearing begins on Capitol Hill.
Sotomayor, a sitting federal appeals judge in New York, was deemed “well qualified” to serve as an associate justice on the high court by an ABA panel — the highest rating the national attorney organization bestows.”

Posted by: Ryan C | June 23, 2010, 6:58 pm 6:58 pm

“I am here only becuase of the link from Drudge.”
Its rare that a right wingers fesses up to be a lemming.
“I am LMAO at you. and oh by the way, how’s Peter Jennings? Did he go back to Canada? Haven’t heard from him in a while. ”
Peter Jennings died of lung cancer almost five years ago.
Whenever one thinks the right wing could not get more callow and craven, they end up proving you wrong.

Posted by: Ryan C | June 23, 2010, 7:00 pm 7:00 pm

Is Bork thinking straight? He criticizes Kagan for being a “young lawyer going into constitutional law”, and lacking “maturity”?
Huh? She’s 50, for God’s sake – and a highly esteemed constitutional scholar. Kagan is only 10 years younger than Bork was when the Senate wisely rejected his nomination. She’s the same age as John Roberts when he was made Chief Justice, and 7 years OLDER than Clarence Thomas when he was appointed (with far less experience of the law).
Bork has been a professional right-wing martyr for 23 years, and a meddling, moralizing hypocrite of the first order. His fellow Conservatives on the Supreme Court have turned out to be more activist than the Liberals they rail at. A pox on them all.

Posted by: Doug Douglas | June 23, 2010, 7:01 pm 7:01 pm

“Curious that if you want to uphold the constitution, you are a right winger?”
Interesting since right wingers regularly wipe their fannies with the Constitution to promote their brand of morality.

Posted by: Ryan C | June 23, 2010, 7:02 pm 7:02 pm

Supreme justice would be if Kagan gets “Borked.”

Posted by: liam | June 23, 2010, 7:02 pm 7:02 pm

Kegan is a boot licking democrat liberal hack!

Posted by: WIlly Brown | June 23, 2010, 7:11 pm 7:11 pm

Wrong would be to have Kagan in SCOTUS – no matter how the libs try to explain things, Kagan is a stubborn lefty, and immediately after her (hypothetical) appointment, she would strike. Beware left wing judges in difficult times like the age we face – only discord and strife will result from her interpretations of the Constitution -

Posted by: misanthropicus | June 23, 2010, 7:18 pm 7:18 pm

“Bork” her, then we’re even, and start over.

Posted by: sandro | June 23, 2010, 7:31 pm 7:31 pm

50 years old is certainly not young per se for a Supreme Court candidate, as others have pointed out.
I think what Bork means to say she is young in terms of litigation or judging experience – she has done very little litigation, relatively speaking (compared to say Roberts, who had a long record of Supreme Court and appellate litigation), and none at all as a judge.
Of course, even this is no guarantee of judicial restraint. Some of the most activist justices (say, Brennan and Souter) had fairly lengthy records on state supreme courts.

Posted by: Richard | June 23, 2010, 7:42 pm 7:42 pm

Age alone doesn’t mellow wackiness. Judging does because wackiness gets overturned.

Posted by: KevinSB | June 23, 2010, 7:45 pm 7:45 pm

ABC; NBC – CBS…
The opiate of the Useless Idiots.
What was done to Judge Bork was criminal. It was the Kennedy Hackarama introducing the concept of Total Warfare to our political process. And Clinton & Obama learned well.
Communist tools!

Posted by: FlitAndersen | June 23, 2010, 7:57 pm 7:57 pm

Mr Bork was sandbagged by the media and the Democrats in Congress. Statement of fact. They did not address his qualifications, they addressed what they painted of his ‘politics.’ And, like a fool, or honorable person, he disclosed his papers for them to do it. Kagan, on the other hand, has steadfastly refused to disclose anything…it has been harder than pulling teeth. So what is she hiding? Someone that hides so much must believe that she has a lot to hide. I do not trust her, and I don’t believe any thinking person would.

Posted by: Jubal Harshaw | June 23, 2010, 9:17 pm 9:17 pm

Like Judge Bork said, it isn’t so much her philosophy, but add her lack of experience and that would be a force-multiplier when she erred.

Posted by: David | June 23, 2010, 9:18 pm 9:18 pm

JUST VOTE NO ON THE APPARATCHI(C)K!
This is just a party hack who would be on the court to rubber stamp CastroCare, a command-and-control economy, and amnesty for 30+ MILLION illegal aliens and terrorists. Hey Republican’ts, how about acting like you’re somewhere besides a country club and do a Ded Kennedy hatchet job on this disaster?

Posted by: Straight Talk Hawk | June 23, 2010, 9:26 pm 9:26 pm

Bork her!

Posted by: Quo Warranto? | June 23, 2010, 9:43 pm 9:43 pm

Kagan, on the other hand, has steadfastly refused to disclose anything…it has been harder than pulling teeth. So what is she hiding? Someone that hides so much must believe that she has a lot to hide. I do not trust her, and I don’t believe any thinking person would.”
Yeah except for thousands of email communications in addition to thousands of memos, she’s been reluctant.
Of course John Roberts and Sam Alito gave up their papers…oh wait the Bush WH fought them tooth and nail.

Posted by: Ryan C | June 23, 2010, 9:47 pm 9:47 pm

Question for Ms. Kagen…
If Mr. Obama is finally forced into producing his long-form birth certificate and it turns out he was not born in the US… will she accept the logic that he is still a constituionally naturally born citizen since his unwed minor mother was a citizen???

Posted by: Quo Warranto? | June 23, 2010, 9:52 pm 9:52 pm

It is bad enough we have a President who spent his entire Congressional career(don’t laugh)running for office. Now he finds a Supreme Court nominee who has spent her entire career running for a place on the Supreme Court. Thanks, but no thanks- we’ve already made that mistake once.

Posted by: whathappened08 | June 23, 2010, 10:32 pm 10:32 pm

When the Republicans have no worthwhile policies or positions they resort to character assassination.
I don’t see any policies other than hypocrisy.

Posted by: Dave W | June 23, 2010, 10:34 pm 10:34 pm

When the Republicans have no worthwhile policies or positions, they resort to character assassination.
That’s what we’re seeing now.

Posted by: Dave W | June 23, 2010, 10:36 pm 10:36 pm

Mr. Tapper,
When are you going to join Fox News? You are above ABC.
Respectfully,
Mary J Arrell

Posted by: Mary | June 23, 2010, 10:55 pm 10:55 pm

The ABA is leftist. They should be ignored.

Posted by: Jeff | June 23, 2010, 10:57 pm 10:57 pm

Another Jew on the Supreme court? That’s one third Jewish, Zero protestants and the res catholic. Yeah that represent America alright. Thanks Bam !
Posted by: Jeff | Jun 23, 2010 10:55:58 PM
The current President has only nominated one of the Supreme Court members.
You can not blame any imbalance on him as much as you might like to.
Your bias against the President is blinding you to simple fact.

Posted by: Dave W | June 23, 2010, 11:03 pm 11:03 pm

We have a president with no real experience, why should his appointees have any experience either?
Heaven help us!

Posted by: Juan Menedez | June 23, 2010, 11:04 pm 11:04 pm

Excuse me? David W says the republicans resort to character assasination? Robt Bork merely stated that Kagan doesn’t have enough experience. I don’t call that character assassination–particularly when the democrats warned that with Bork in the SCOTUS “Blacks would be forced to eat at separate lunch counters and women would be forced into back-alley abortions”. No character assassination there.

Posted by: sully | June 23, 2010, 11:06 pm 11:06 pm

We have a president with no real experience, why should his appointees have any experience either?
Heaven help us!
Posted by: Juan Menedez | Jun 23, 2010 11:04:54 PM
When the Republicans have no policies or approaches, they resort to character assassination.
Former Solicitor Generals support Kegan, but what would they know right?
WASHINGTON — Liberal and conservative former solicitors general going back 25 years endorsed Elena Kagan on Tuesday for the Supreme Court, even as Republicans stepped up their criticism of President Barack Obama’s nominee.
In a letter to the Senate Judiciary Committee, 10 lawyers named by Republican and Democratic presidents to represent the government before the Supreme Court said Kagan would serve there with distinction. The group included noted conservatives Ted Olson and Ken Starr, the prosecutor who investigated President Bill Clinton while Kagan served in his administration.
A third GOP-named former solicitor general who signed the letter, Paul Clement, joined a conference call organized by the White House to praise Kagan.

Posted by: Dave W | June 23, 2010, 11:08 pm 11:08 pm

Human rights is a term used to often to infringe upon the freedom of individuals. The freedom of individuals is the most important human right of all though, for without freedom any other right can be easily taken away.
Kagan does seem to be much further to the left then the media portrays her. That conclusion is reached after reading several of her articles and other papers.
Now is not the time for a further to the left Supreme Court. While I am sure the 20-30% of the US population that are progressives would love that, it is not what the nation or the rest of the people in this country need in a Supreme Court justice.

Posted by: win | June 24, 2010, 12:48 am 12:48 am

Oh Mary
The right assassinate one character, you must be joking. Get your head out of your backside. If a republican passes gas the wrong way libs demand impeachment.
Get accustom to it you voted for the fraud he is going down in flames. Nothing he says is true, it is all political. He could not careless about you. It’s all about the vote and his power.
Watch out he is after all of us.

Posted by: Rob | June 24, 2010, 12:50 am 12:50 am

Bork’s statements make sense. The Supreme Court is the last defense against the tyranny of the the government. The people should be able to have some measure of reliability that the court is there to serve them, not an agenda.
Although many have criticized the current court for some decisions, I have noticed one thing in those decisions: the court often talks of the people and their rights, the freedoms of each individual, those are important things for courts to consider.
“”Ms. Kagan has not had the time to develop a mature philosophy of judging,” said Bork in a conference call organized by Americans United for Life.
“It is typical of young lawyers going into constitutional law that they have inflated dreams of what constitutional law can do and what courts can do,” Bork said. “That’s the danger of Ms. Kagan that she hasn’t had any experience that would lead her to mellow…the academia is not a place where you use prudence and caution and other virtues of a judge.”"

Posted by: win | June 24, 2010, 1:00 am 1:00 am

One can only hope that the Reublicans will demonstrate some spine and boycott the hearings and filibuster her confirmation.

Posted by: Son of Liberty | June 24, 2010, 1:08 am 1:08 am

Anybody that ugly scares me. When the serial killer is caught normally its “up they looked messed up”
Kagan is the ugliest creature I have ever seen. Everything in the universe is energy and energy is organized by frequency and frequencies create patterns and symmetry. Kagan has no symmetry. So what I am saying is this half man half goat is f’d up.
Plus add in no experience and hiding a lot of political documents and friends with the Marxist and you get a not a chance on your life vote.

Posted by: Smartliberal | June 24, 2010, 2:50 am 2:50 am

Shes a goldman sack……off with her head!!!

Posted by: jaydee | June 24, 2010, 5:53 am 5:53 am

@Dave W
Perhaps the “Republican policy” is to hold on to the few real liberties that remain for Americans. The Bill of Rights is almost daily assailed by one clearly unconstitutional bill after another. If present leftist trends continue, there will be only a skeleton left of the Constitution. The so-called “living document” (it was never so intended) will be dead, and the despots will be standing in line to rule this once proud nation. Kagan is clearly unqualified…yet another at best mediocre nominee.
Folks, these people are appointed for LIFE. The Supreme Court has more real power than the other two branches of government combined. There is no limit to the mischief they can do in a lifetime on the bench!

Posted by: JFrykman | June 24, 2010, 8:20 am 8:20 am

The Supreme Court is nothing more than a structural last instance, whose decisions are as much predetermined emotional reaction as conclusions necessitated by sound legal reasoning. If not, then why having listened to the very same arguments by the very same lawyers 5 justices see the issue one way and 4 the opposite way? How can this be if not for prejudice? Weight of argument should produce a 9-0 decision. One person choosing on the basis of some subconscious determiner sets the law of the land. What a system!

Posted by: joe | June 24, 2010, 8:22 am 8:22 am

The lady hasn’t even been a justice of the peace. And now, our incompetent president wants her on the supreme court?

Posted by: William | June 24, 2010, 9:33 am 9:33 am

I wonder it the new Supreme Court will be like the Fed Chief.. instead of expounding the values of the chief exectuive who nominated them.. that they will change their stripes with each new administration..

Posted by: Dontget818 | June 24, 2010, 9:43 am 9:43 am

Dave W, if the republicans have serious concern over a nominee you call it character assassination, what do you call all the times democrats destroyed nominees because they did not see it their way.

Posted by: Lizzie | June 24, 2010, 10:18 am 10:18 am

“Perhaps the “Republican policy” is to hold on to the few real liberties that remain for Americans”
Letting companies pollute is not about freedom.
Stopping gay people from getting married is not protecting liberty.
Apologizing to BP is Republican policy.

Posted by: Ryan C | June 24, 2010, 1:27 pm 1:27 pm

Apologizing to BP is Republican policy.
Posted by: Ryan C | Jun 24, 2010 1:27:39 PM
==============================
A Republican policy? Cite please.

Posted by: Jen | June 26, 2010, 4:42 pm 4:42 pm

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