David Weigel | November 15, 2007
Like I mentioned in the debate thread, Biden used the Supreme Court round to make a super-subtle reference to his borking of Robert Bork. Biden said:
When Hillary's husband asked me for his advice when he was appointing people, I wanted to go to people and so did he--we couldn't. Four people turned it down. We wanted to get someone who, in fact, knew what it was to live life. Knew what it was -- not as some intellectual feast.
Dial the Wayback Machine for 20 years and two months ago...
ALAN K. SIMPSON, Republican of Wyoming: And now I have one final question. Why do you want to be an Associate Justice of the United States Supreme Court?
BORK: Senator, I guess the answer to that is that I have spent my life in the intellectual pursuits in the law... and I think it would be an intellectual feast just to be there and to read the briefs and discuss things with counsel and discuss things with my colleagues.
It was Biden's greatest triumph in the Judiciary Committee, so maybe he assumes we all remember it this clearly.
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considering that he's only running to hobnob with washington insiders maybe they do remember it clearly.
How can you say that, Stephen? Blocking Bork's nomination was vital for this country, and especially for progressives.
Bork reference aside, is Biden actually saying that Stephen Breyer knew what it was to live life when he was appointed? If so, talk about a low bar.
I like Joe Biden because he's a rarity in Washington...he
actually says what he thinks.
Aside from that, I usually disagree with everything he says, and
he's usually wrong. But at least he's honest, which cannot be said
for Hillary, Mitt and Rudy, among others.
I like Joe Biden because he's a rarity in Washington...he
actually says what he thinks.
*Cheap Shot*
Errr... or is that he says what other people say?
*/Cheap Shot*
OFF TOPIC, FIRST-TIME POST:
Lately I've been itching to discuss politics with reasonable folk.
Are there any online forums you guys can recommend? I often read
Reason comments after many, many posts have piled up and find
myself wanting to join in but always feel I would be entering the
discussion late.
Oh, yeah...um Bork jokes...hmmm...
Bork and Bjork walk into an Icelandic bar exam...
Of course Biden remembers Robert Bork. Spiking that nomination
was the highlight of Biden's lifelong career of thwarting his
intellectual superiors.
-jcr
Robert Bork would have been a fantastic Justice. Thanks David for reminding me why Joe Biden is so horrible.
EK,
I also like politics.reddit.com -- although it varies in
reasonableness, and its comment-level voting system has
dysfunctional areas. It looks good by
this comments, I think. Mainline reddit.com still sometimes has
good comments.
You'll also osee the odd "VOTE UP IF YOU THINK THE RON PAUL
SPAMMERS SHOULD PISS OFF AND DIE", and socialist propaganda posters
taken seriously.
Disclosure: I am 'ayrnieu' of that first link.
EK,
Don't worry about being late to the party. Post away. H&R is
the best, by far, place to post about politics, or anything else
for that matter.
As to "reasonable folk", some at H&R are more reasonable than
others, but it is generally a pretty civil place.
In retrospect, we can all agree that it was good that Bork was
Borked. (If you have any doubts, read his books).
And that Biden is an insufferable gasbag.
"we can all agree" ???
We can all agree it's Friday. That's about all "we can all agree"
on.
Biden's right about this. The amiable, well-rounded
non-academics who came to the court with broad resumes have tended
to rise to the top, while the brainiacs have tended to sink into
mediocrity and rigidity. That goes for both sides of the
aisle.
And while carrying out the Saturday Night Massacre when two more
honorable men refused is, indeed, a pretty compelling resume item,
it's safe to say that Bork's theocratic tendencies and
unquestioning certainty would not have made for a good Supreme
Court justice.
Blocking Bork's nomination was vital for this country, and
especially for progressives.
Yep, and there's exactly 2 people here who give a rat's ass about
what is vital for "progressives".
And frankly, as someone who spends his time trying to sell coat hangers to back-alley abortionists, I think the Borking of Bork was outrageous.
Personally, I think Yogi had it right... it's less of his
remembrances of the hearing and more just Biden's propensity for
plagiarism at work there, methinks.
After all, I'm sure Biden can read the Congressional Record just as
well as any other Congress Critter.
The amiable, well-rounded non-academics who came to the
court with broad resumes have tended to rise to the top, while the
brainiacs have tended to sink into mediocrity and
rigidity.
Considering that Breyer was on the faculty at Harvard Law, I would
tend to agree with this.
Bork was famous for calling the 9th amendment an "Ink
Blot"
"The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people"
bigbigslacker | November 16, 2007, 9:15am | #
"we can all agree" ???
We can all agree it's Friday. That's about all "we can all agree"
on.
Not hier .
It was 15 min after midnight on Saturday for any Chamorran
reasonoid when you posted.
We can all agree it's Friday. That's about all "we can all
agree" on.
No it isn't, its Saturday.
Whatever one thinks of the results Bork reached, I think he clearly was qualified for the position and that he had an intellectually coherent and respectable constitutional theory, and should have been confirmed. If he had then I don't think the right would have got so energized about Court appointments and we probably would have got Kennedy's instead of Thomases and the Court would probably be about the same...Don't get me wrong, I don't think Bork's views are always correct and his hyper-partisan activity since leaving the bench might be a bit telling of the fact that he himself would have been a plenty partisan judge, but I think there should be deference to nominees. If you don't like the kind of folks someone will appoint, don't vote for that person.
So if the president goes out of his way to pick a nominee based
on political ideology, it is inappropriate for Congress to take
political ideology into account as they consider him?
If the Democrats had allowed Reagan to put an ideological
right-wing activist on the court, the Republicans would have been
LESS likely to nominate ideological right-wing activists to the
court?
I don't think either of those arguments are plausible.
Joe-this goes both ways...Should Republicans have worked to block FDR's candidates on the grounds that their readings of law that were more favorable to labor and regulation were politically motivated and hence FDR was playing politics? My answer is no to both...Part of the right's rabid take on the Court and nominations comes from the Bork trouble.
If Douglas Ginsburg was denied a seat on the Court for using pot in the 1960s, surely Bork deserved to get bounced for actions with respect to Archibold Cox.
MNG,
Appointing justices to the Supreme Court is an inherently political
act. Giving the President the lattitude to be as political as he
wants to be while insisting that the Senate be apolitical throws
the system of checks and balances out of whack.
Since the only way to chack the political impulses of the president
is with the political impulses of the Senate, I'm fine with
that.
It would be best for the president and the Senate to reach an
agreement to dial back the ideological quotient - he nominate
non-ideologues, they don't impose ideological litmus tests, and
they demonstrate great deferance to each others' opinions about
what crosses the line. That's just good governance.
But if the president doesn't want to play that game, and wants to
make his court-appointing power an exercise in partisanship or
ideology, then that's what the process is going to be. No way
should Congress unilaterally disarm - only as part of a mutual
agreement.
"No way should Congress unilaterally disarm - only as part of a
mutual agreement."
yes, Mutual
Surrender...
*strikes jaunty pose
"knew what it was to live life"
Doesn't that describe Justice Thomas better than any of the other
eight? And how did Biden vote on Thomas?
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