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July 31, 1987 - Image 5

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Michigan Daily Summer Weekly Summer Weekly, 1987-07-31

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The Michigan Daily, Friday, July 31, 1987- Page 5
Law profs. dispute Bork nomination

By CATHERINE KIM
Some University law professors
agree that U.S. Appeals Court Judge
Robert Bork's qualifications support
his presidential nomination to the
Supreme Court, while others oppose
his appointment because they think
his conservative views will not
fairly and objectively represent the
American people.
r "That he is a distinguished
scholar is conceded on all sides. The
controversy surrounding his strong
views will be the main obstacle to
his nomination," said Law School
Dean Terrance Sandalow.
Many fear that if Congress
approves Bork's nomination to the
court, he will try to overturn the
1972 Roe vs. Wade decision that
legalized abortion.
"In a way, Bork is actually a
radical. He does not respect right of
privacy," Constitutional Law Prof.
Alexander Aleinikoff said. "If he
does follow through on h i s

_, to work with."
Ideology vs. Many criticisms Bork surround
i e lo yquaiiifica'tionsN, his advocacy of jdca self-restraint
- the belief that Congress, not the
Supreme Court, should bring about
opposition to the (Roe vs. Wade) and close-mided," Aleinkoffsaid. Kauper has a more personal social change.
case - though that is not clear - If Bork's nomination is approved, perception of Bork because he According to Sandalow, "This has
he will be interpreting the con- many predict that he will implement worked with Bork in the Justice been a division in constitutional law
stitution in a different way than the President Reagan's conservative Department during Watergate's for the last 25 years. Some believe
majority of Americans believe it famous "Saturday Night Massacre." that the Supreme Court should
should be." 'That he is a Bork fired Chief Prosecutor employ the Constitution to bring
Those supporting his nomination Te Archibald Cox during the scandal. about social change. Others believe
think Congress should not reject it distinguished scholar is "I knew Bob casually for a long the legislature should introduce
on the basis of his political conceded on all sides. The time because of his extremely social change. Bork is on the latter
ideology. "Since before World War important work in the anti-trust side. I am also, although I don't
II, they have not been willing to do controversy surrounding field. During the 'Saturday Night agree with all of his theoretical
so openly, and the Senate should not his strong views will be Massacre', I worked with him underpinnings."
change now," said Law School the main obstacle to his extensively, and found him to very Some legal experts also disagree
Professor James White. "No one warm, funny, and extremely bright," witi the way Bork interprets the
will deny he is a very able judge." nomination. Kauper said. Constitution. "Bork's theory of the
But many fear that Bork would -Terrance Sandalow, Kauper refuted accusations that Constitution is out of step. Bork
shift the the ideological balance of 1a school dean Bork is too closed-minded for the believes the constitution should be
the nation's high court too far to the lifetime position. "He is more open- interpreted as the framers saw it. But
right. "I have doubts about his minded than many think. I have the constitution is a living
ability to overcome his own views. agenda into the next century. Bork is never found him to be dogmatic, or document, and should be in step
He has been criticized by several 60 years old. to be an ideologue. His humor tends with - current social values,"
who know him for being dogmatic Anti-trust Law Professor Thomas towards sarcasm, but he's wonderful Aleinikoff said.

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