ARLINGTON, VA (AP) - Robert H. Bork, who stepped
in to fire the Watergate prosecutor at Richard Nixon's behest and whose
failed 1980s nomination to the Supreme Court helped draw the modern
boundaries of cultural fights over abortion, civil rights and other
issues, has died. He was 85.
Son Robert H. Bork Jr. confirmed his father died
Wednesday at Virginia Hospital Center in Arlington, Va. The son said
Bork died from complications of heart ailments.
Brilliant, blunt, and piercingly witty, Robert
Heron Bork had a long career in politics and the law that took him from
respected academic to a totem of conservative grievance.
Along the way, Bork was accused of being a partisan
hatchet man for Nixon when, as the third-ranking official at the
Justice Department he fired Watergate special prosecutor Archibald Cox
in the Saturday Night Massacre of 1973. Attorney General Elliot
Richardson resigned rather than fire Cox. The next in line, William
Ruckelshaus, refused to fire Cox and was himself fired.
Bork's drubbing during the 1987 Senate nomination
hearings made him a hero to the right and a rallying cry for younger
conservatives.
The Senate experience embittered Bork and hardened
many of his conservative positions, even as it gave him prominence as an
author and long popularity on the conservative speaking circuit.
Known before his Supreme Court nomination as 1 of
the foremost national experts on antitrust law, Bork became much more
widely known as a conservative cultural critic in the years that
followed.
His 1996 book, "Slouching Towards toward Gomorrah:
Modern Liberalism and American Decline," was an acid indictment of what
Bork viewed as the crumbling ethics of modern society and the morally
bankrupt politics of the left.
"Opportunities for teen-agers to engage in sex are
... more frequent than previously; much of it takes place in homes that
are now empty because the mothers are working," Bork wrote then. "The
modern liberal devotion to sex education is an ideological commitment
rather than a policy of prudence."
Bork, known until his death as "Judge Bork," served
a relatively short tenure on the bench. He was a federal judge on the
nation's most prestigious appellate panel, the U.S. Court of Appeals for
the D.C. Circuit, from 1982 until 1988, when he resigned in the wake of
the bitter Supreme Court nomination fight.
Earlier, Bork had been a private attorney, Yale Law School professor and a Republican political appointee.
At Yale, 2 of his constitutional law students were Bill Clinton and Hillary Rodham.
"I no longer say they were students," Bork joked long afterward. "I say they were in the room."
Nixon named Bork as solicitor general, the administration's advocate before the Supreme Court, in January, 1973.
Bork served as acting attorney general after
Richardson's resignation, then returned to the solicitor general's job
until 1977, far outlasting the Nixon administration.
Long mentioned as a possible Supreme Court nominee,
Bork got his chance toward the end of Ronald Reagan's second term. He
was nominated July 1, 1987, to fill the seat vacated by Justice Lewis F.
Powell.
Nearly four months later the Senate voted 58-42 to
defeat him, after the first national political and lobbying offensive
mounted against a judicial nominee.
It was the largest negative vote ever recorded for a Supreme Court nominee.
Reagan and Bork's Senate backers called him
eminently qualified - a brilliant judge who had managed to write nearly a
quarter of his court's majority rulings in just five years on the
bench, without once being overturned by the Supreme Court.
Sen. Edward Kennedy, D-Mass., summed up the
opposition by saying, "In Robert Bork's America there is no room at the
inn for blacks and no place in the Constitution for women."
Critics also called Bork a free-speech censor and a danger to the principle of separation of church and state.
Bork's opponents used his prolific writings against
him, and some called him a hypocrite when he seemed to waffle on
previous strongly worded positions.
Despite a reputation for personal charm, Bork did
not play well on television. He answered questions in a seemingly
bloodless, academic style and he cut a severe figure, with hooded eyes
and heavy, rustic beard.
Stoic and stubborn throughout, Bork refused to withdraw when his defeat seemed assured.
The fight has defined every high-profile judicial
nomination since, and largely established the opposing roles of vocal
and well-funded interest groups in Senate nomination fights. Bork would
say later that the ferocity of the fight took him and the Reagan White
House by surprise, and he rebuked the administration for not doing more
to salvage his nomination.
The process begat a verb, "to bork," meaning
vilification of a nominee on ideological grounds. In later years, some
accused Bork of borking Clinton nominees with nearly the zeal that some
liberal commentators had pursued him.
Bork denied any animus, and said he was happy
commenting, writing and making money outside government. Even friends
did not entirely believe that.
"He was very embittered by the experience," said
lawyer Andrew Frey, a longtime friend who worked for Bork in the
solicitor general's office. "He was not well treated, and partly as a
result of that he did become more conservative."
Associated Press writer Matthew Barakat in McLean, Va., contributed to this story.
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