Watching and reading the current Supreme Court confirmation, one thing has been sticking out is the argument the GOP has been pushing the is that Democrats started the “judicial wars” (which has given them the prerogative to push this through nominee), and they continuously name Robert Bork.
Unsurprisingly, Bork had an interesting record. Early on he defended segregation, was critical of individual privacy, held views critical of the Fourth Amendment, believed in the right for government to censor writers and artists, and argued the Civil Rights Act was an imposition on Americans. Looking at his record as a whole, he seemed balanced, but there were some quarks in his record that stuck out.
The most damning fact was that he was key in the ‘Saturday Night Massacre‘ when President Nixon ordered the firing of Watergate Special Prosecutor Cox after Cox asked for the tapes he’d recorded in the Oval Office. The Attorney General and Deputy Attorney General each resigned in turn after being given the order, leaving Bork acting attorney general, who then fired Cox. Bork claimed he carried out the order under pressure, but in his memoirs, he claimed that after he fired Cox, Nixon promised him the next seat on the Supreme Court[wiki]
Even with that background (hell, Strom Thurmond, of all people, called him “controversial“), he was given full, bipartisan hearings, was heard from, and the Senate gave him a full up-or-down vote on the floor.
Let’s remember that Merrick Garland never got this opportunity due to one party citing the “Biden rule.”
Sen. Joe Biden had said in a 1992 Senate floor speech — when there were no high court vacancies to fill — that “once the political season is under way, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.”
Admittedly, these days, it is hard to tell when the political season is underway. when the sitting president starts his reelection campaign days after he takes office color it’s hard to tell, but five weeks before a presidential election, that would seem to be a “season.” I hope those voting remember the hypocrisy that’s been put in office.