I don't dislike Bork, I just think he's very weird. Dotty, even.
I don't know where Kennedy got the rest of his rhetoric, to be honest. I am guessing that the "rogue police" comment has something to do with the exclusionary rule.
Exclusionary rule: evidence discovered during an illegal search should be suppressed as "fruit of the poisonous tree." I don't do criminal law anymore but I think the exclusionary rule has been drastically limited by a "good faith" exception, but Bork doesn't agree with the decisions which created it in the first place.
The rest of the rhetoric would probably make more sense to me if I had read any of Bork's more recent writings. I read some of his stuff during law school, and also attended a speech he gave, where he laid out some of his thinking. I think his interpretation of the Constitution is just too narrow.
But, as I've said before, Bork really screwed himself by firing Archibald Cox. This was part of the "obstruction of justice" charge that was levelled against Nixon, and would have been part of the basis of Nixon's impeachment if he hadn't resigned.
I think, on the whole, that Thomas was a better choice. If you recall, after Bork's nomination was withdrawn, Thomas was nominated. His confirmation wasn't exactly a cakewalk, either. |
