The Strange Story of Judge Robert Bork and a Vacancy on the United States Supreme Court

In: Political studies: the journal of the Political Studies Association of the United Kingdom, Band 36, Heft 4, S. 613-637

Abstract

President Reagan's nomination of Judge Robert Bork to the Supreme Court was expected by most people to lead to confirmation. It did not. This article examines the special importance of the vacancy created by Justice Lewis Powell's retirement, the philosophical debate which the nomination generated, the political and strategic calculations of the actors involved (especially the unprecedented level and nature of interest group involvement) and the performance of Judge Bork himself during the congressional hearings. It posits a multi-causal explanation. The importance of the episode, however, lies less in what it tells us about the Supreme Court appointment process and more in what it tells us about the current unsatisfactory condition of executive–legislative relations in a political system predicated on the separation of powers.