Robert Bork

Robert Bork
Bork in 2005
Judge of the United States Court of Appeals for the District of Columbia Circuit
In office
February 9, 1982 – February 5, 1988
Appointed byRonald Reagan
Preceded byCarl E. McGowan
Succeeded byClarence Thomas
United States Attorney General
Acting
October 20, 1973 – January 4, 1974
PresidentRichard Nixon
Preceded byElliot Richardson
Succeeded byWilliam B. Saxbe
35th Solicitor General of the United States
In office
March 21, 1973 – January 20, 1977
President
Preceded byErwin Griswold
Succeeded byWade H. McCree
Personal details
Born
Robert Heron Bork

(1927-03-01)March 1, 1927
Pittsburgh, Pennsylvania, U.S.
DiedDecember 19, 2012(2012-12-19) (aged 85)
Arlington, Virginia, U.S.
Resting placeFairfax Memorial Park
Spouses
  • Claire Davidson
    (m. 1952; died 1980)
  • Mary Ellen Pohl
    (m. 1982)
Children3
EducationUniversity of Chicago (BA, JD)
Military service
Allegiance United States
Branch/service United States Marine Corps
Rank Second lieutenant
Battles/warsKorean War

Robert Heron Bork (March 1, 1927 – December 19, 2012)[1] was an American legal scholar who served as solicitor general of the United States from 1973 until 1977. A professor by training, he was acting United States Attorney General and a judge on the U.S. Court of Appeals for the D.C. Circuit from 1982 to 1988. In 1987, President Ronald Reagan nominated Bork to the U.S. Supreme Court, but the Senate rejected his nomination after a contentious and highly publicized confirmation hearing.

Bork was born in Pittsburgh, Pennsylvania, and received both his undergraduate and legal education at the University of Chicago. After working at the law firms of Kirkland & Ellis and Willkie Farr & Gallagher, he served as a professor at Yale Law School. He became a prominent advocate of originalism, calling for judges to adhere to the original understanding of the United States Constitution, and an influential antitrust scholar, arguing that consumers often benefited from corporate mergers and that antitrust law should focus on consumer welfare rather than on ensuring competition. Bork wrote several notable books, including a scholarly work titled The Antitrust Paradox[2] and a work of cultural criticism titled Slouching Towards Gomorrah.

From 1973 to 1977, he served as Solicitor General under Presidents Richard Nixon and Gerald Ford, successfully arguing several cases before the Supreme Court. During the October 1973 Saturday Night Massacre, Bork became acting U.S. Attorney General after his superiors in the U.S. Justice Department chose to resign rather than fire Special Prosecutor Archibald Cox, who was investigating the Watergate scandal. Following an order from President Nixon, Bork fired Cox as his first assignment as Acting Attorney General. Bork served as Acting Attorney General until January 4, 1974, and was succeeded by Ohio U.S. Senator William B. Saxbe.[3]

In 1982, President Reagan appointed Bork to the Court of Appeals for the District of Columbia Circuit. In 1987, Reagan nominated Bork to replace retiring Supreme Court Justice Lewis Powell. His nomination attracted unprecedented media attention and efforts by interest groups to mobilize opposition to his confirmation,[4] primarily due to his outspoken criticism of the Warren and Burger Courts and his role in the Saturday Night Massacre. His nomination was ultimately rejected in the Senate, 42–58, and the vacancy was filled by Anthony Kennedy. Bork resigned from his judgeship in 1988, taking up a career as an author. He served as a professor at various institutions, including the George Mason University School of Law. He advised presidential candidate Mitt Romney, and was a fellow at the American Enterprise Institute and at the Hudson Institute.

  1. ^ O'Neill, Johnathan (1999). "Bork, Robert H.". American National Biography (online ed.). New York: Oxford University Press. doi:10.1093/anb/9780198606697.article.21596. (subscription required)
  2. ^ Bork, Robert H. (1978). The antitrust paradox: a policy at war with itself. New York: Basic Books. ISBN 978-0-465-00369-3.
  3. ^ "Bork: Nixon Offered Next High Court Vacancy in '73". Yahoo! News. February 25, 2013.
  4. ^ Meyers III, William G. (Winter 1990). "The Role of Special Interest Groups in the Supreme Court Nomination of Robert Bork" (PDF). Hastings Constitutional Law Quarterly. 17 (2).

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