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tual structure to it, so you
don't know in advance to
what it applies?' He has
criticized the Supreme
Court's decision in Griswold
v. Connecticut (1965), which
made it legal for married
couples to use contraceptives
in their homes.
• Free speech: The First
Amendment applies only to
"explicitly political" speech,
Judge Bork wrote 16 years
ago. There is no basis for
judicial intervention to pro-
tect scientific or literary ex-
pression!' This eccentric view
is almost unique to Bork. He
claims to have tempered his
views since then, though he
remains hostile even to some
political speech. For example,
he has expressed some sup-
port for state action against
some "subversion!' a favorite
of
subject
matter
McCarthyism.
Perhaps the most telling in-
sights into Bork's thinking
are found in a speech, "Tradi-
tion and Morality in Con-
stitutional Law," which he
delivered at an American
Enterprise Institute con-
ference in 1984 , in
Washington. In this speech,
Bork placed the power of
government and the power of
majorities, whether perma-
nent or transitory, over in-
dividual liberties.
Bork said, "One of the
freedoms, the major freedom,
of our kind of society is the
freedom to choose to have a
public morality. As Chester-
ton put it, 'What is the good
of telling a community that it
has every liberty except the
liberty to make laws?' "
While Judge Bork as a
lower court judge has follow-
ed .precedent, we must
understand that as a
Supreme Court justice he will
making precedent. Chief
Justice Marshall reminded us
that the Supreme Court
"decides what the law is!'
Judge Bork has publicly
declared his dissatisfaction
with "dozens" of decisions
which we may conclude he
will seek to change. If Judge
Bork had been on the court
the last 30 years and his
views had prevailed our na-
tion would have been radical-
ly different.
I agree with the conclusion
of Prof. Lawrence Tribe at
Harvard: "I have very little
doubt that Judge Bork would
help to restrict the people's
civil rights and civil liberties
with regard to free speech,
religion, privacy, and affir
mative action!'
The public and the Senate
should decline to consent to
the nomination of Judge
Bork.

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