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Posts Tagged ‘Supreme Court Justice’

Robert Bork argues that competition law is fun...

In 1987, during his Supreme Court Justice nomination hearings, Judge Robert Bork said (starting at 03:40):

I cite to you the Legal Tender Cases. Scholarship suggests — these are extreme examples, admittedly — scholarship suggests that the Framers intended to prohibit paper money. Any judge who today thought he would go back to the original intent, really ought to be accompanied by a guardian rather than be sitting on a bench.

Ironically, he was deemed to be too conservative, and a right-wing judicial activist by his top detractors like Senator Joe Biden and Senator Ted Kennedy.

This demonstrates that even so-called originalist and conservative judges don’t intend to uphold their oath of office when it’s politically difficult to do so, and why change needs to come externally.

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