Remembering Bork, and the borkings we’ve endured since
Before this week ends, I want to point out one thing from last week: the anniversary of Senate Democrats’ defeat of Robert Bork’s nomination to the Supreme Court. The New York Times’ Joe Nocera — always worth reading, but no one’s idea of a right-winger — made this observation:
The Bork fight, in some ways, was the beginning of the end of civil discourse in politics. For years afterward, conservatives seethed at the “systematic demonization” of Bork, recalls Clint Bolick, a longtime conservative legal activist. The Atlanta Journal-Constitution coined the angry verb “to bork,” which meant to destroy a nominee by whatever means necessary. When Republicans borked the Democratic House Speaker Jim Wright less than two years later, there wasn’t a trace of remorse, not after what the Democrats had done to Bork. The anger between Democrats and Republicans, the unwillingness to work together, the profound mistrust — the line from Bork to today’s ugly politics is a straight one.
(Links original. NB: The editorial to which Nocera referred was by the Atlanta Journal, not the combined Sunday AJC, and our archives credit Jeff Dickerson — yes, that Jeff Dickerson — as the author.)
There were ugly moments in politics before, and there would be ugly moments in politics afterward. I don’t think Nocera intends to excuse ugly Republican behavior that followed the Bork nomination (I recommend reading his whole column) and nor do I.
But as a moment when character assassination became a substitute for arguing against philosophical differences, long before Hillary Clinton lamented the “politics of personal destruction,” it should be recalled as a moment of national shame. Whatever aisle-crossing Ted Kennedy did later in his Senate career is undermined by his role in creating the art of borking. It is no coincidence that Joe Biden, who as Senate Judiciary chairman in 1987 helped lead the charge against Bork, now as vice president still has the audacity to hint that Republicans will bear the blame for future murders and rapes if they don’t agree to President Obama’s latest stimulus package; leopards don’t change their spots.
The sliming by both parties of presidential appointees is de rigueur. The scapegoating of Sarah Palin for the shooting of Congresswoman Gabrielle Giffords, because she used the kind of rhetoric that is part and parcel of contemporary politics, may well be another moment where this tendency was escalated. Mild cases of borking even take place within parties now; see the swapping of insults by Rick Perry (”you don’t have a heart”) and Mitt Romney (”it means you have…a brain”) over one another’s immigration stances. There is a growing list of beliefs one is not allowed to challenge without being labeled a “denier,” a clear reference to those who deny that the Holocaust took place.
And it’s not just politicians: The likelihood that someone in an online discussion will eventually invoke Hitler is so high that it has a name, Godwin’s Law. No wonder we the people keep electing the borkers.
This doesn’t only matter for the words people use. It feeds a tribalism that discourages people from challenging their ideological fellow-travelers on particular issues, lest they give “the other side” an opening to undermine their broader agenda. It causes people to say things they might not actually believe, simply because they know how “their side” is supposed to answer the question. And it leads to sloppy arguments, because people don’t bother to learn the thinking behind, and nuances of, the stances they adopt (e.g., “all government spending boosts demand and thus the economy,” or “all tax cuts produce higher revenues”).
Anyone who wonders why Americans lack faith in our institutions, and despair that there’s no solution in sight, would do well to remember what happened to Robert Bork some 24 years ago.
– By Kyle Wingfield
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217 comments Add your comment
markie mark
October 28th, 2011
1:47 pm
found it…his name is John Doggett
UGA 1999
October 28th, 2011
1:47 pm
War….nce.
Libertarian
October 28th, 2011
1:48 pm
Rockerbabe defends women but not Palin. What a joke. Hypocrite.
JDW
October 28th, 2011
1:55 pm
@Kyle, I would agree with you that civility in politics has vanished and what is left is downright ugly at most times. I don’t really buy into the point of origin being Bork. First off Bork was simply a bad nominee and had Reagan been in full control of his faculties I don’t think the nomination would have ever been made. Reagan nominated a hard line conservative to replace a moderate justice while facing a solid Democratic majority. He either knew or should have known going in that it was not going to fly. As for the assignment of the “blame” to the Democratic Party…Bork was such a poor nominee that 6 of 42 Republicans voted against him!
Personally I assign the key starting point of incivility to Gingrich who then turned over the reins to Delay.
Independant.....Really I am......
October 28th, 2011
1:55 pm
Kyle…See War Eagles’ 1:46..This Is what I mean when i comment of foolishness that only serves to whip the extreme right into a tizzy….You have a platform to refute this BS, But yet you don’t…
UGA 1999
October 28th, 2011
1:56 pm
Independant…..you pick and choose who you call extreme. There are plenty of extremeists from the left but you choose not to speak about them.
Fast and Furious Spending
October 28th, 2011
1:58 pm
Rockerbabe,
There is an enormous difference between political campaigns, sloganizing, being combative in the area and then going to the floor of the Senate or in committee and doing it there. There needs to be again a distinction between campaigning and governing.
Campaigning can and should be hot and heavy. Governing should be sober, cautious, optimistic and constructive.
It’s no surprise we have Ted Kennedy and the modern Democrat party to thank for the beginning of the end of government as it should be.
Junior Samples
October 28th, 2011
1:58 pm
Kyle,
Taking your recommendation, I searched your blog for Elena Kagan.
You may remember your post titled “Why Kegan should be filibustered”
You recommend filibustering Kegan simply because of the nomination of Sotomayor.
Please let us know when you want to be part of the solution.
pots
October 28th, 2011
1:58 pm
Nixon, the NRA’s modus operandi of over-the-top-rhetoric on any issue involving guns, Gingrinch’s lexicon of insulting and slandering adjectives to describe members of the opposite party, 8 years of investigating and trying to destroy Clinton’s presidency, the supreme court’s involvment in Bush’s election, the concerted attempt to destroy Obama from day one…. yeah Republicans have really been victimised for sooo long.
Aquagirl
October 28th, 2011
2:00 pm
If his principles were that bad, then why didn’t Kennedy, et al. simply attack his principles?
They did. Isn’t that your complaint, Kyle? As I said when nominate a Nixon yes-man who shrugs off poll taxes, Ted Kennedy et al. are going to freak out, and carry on like it’s the apocalypse, as well they should.
I voted for Reagan, and wouldn’t have voted for Ted Kennedy for dogcatcher. But Reagan—who was busy handing WH keys to the religious right—-really stepped in it by nominating a highly partisan freak show. The Democrats warned him they’d respond to his WMD with a salvo of their own. And this is whose fault? Oh, yeah, the Democrats. Of course.
Independant.....Really I am......
October 28th, 2011
2:01 pm
UGA…I have only been specific about todays’ post…I have also said that extremism rhetoric is a cancer regardless of which side of the debate it comes from….Political difference is good…Name calling and venomous insults are not….
UGA 1999
October 28th, 2011
2:02 pm
Independant….agreed.
Dusty
October 28th, 2011
2:02 pm
UGA
Prove what?
—————-
Independent…
When you come to a conservative blog, just about the only one at AJC, and start telling the journalist how to debate much better, you are either a liberal or one who thinks too highly of their own opinion.
Kyle consistenly writes a balanced comment which almost makes him an independent. But some are not interested in a balanced viewpoint and yearn only for the “red meat” you describe.
I find here a balance between rational and “red meat”. Go ahead and present YOUR viewpoint on the subject. Nobody is stopping you.
UGA 1999
October 28th, 2011
2:07 pm
Dusty….you said Kyle proved to be uncivil….I said prove it. Back up your posts.
pots
October 28th, 2011
2:08 pm
If you think Kyle’s blogs don’t always carry a subtle and often not-so-subtle indictment of Democrats, then your “balance” is another man’s red meat, Dusty.
UGA 1999
October 28th, 2011
2:08 pm
“……foreign cars filled with fuel that is not ours and wearng cotton that we didnt grow….”
Strong words. haha
Kyle Wingfield
October 28th, 2011
2:09 pm
OK, Independant, what would you do here?
Take down that post? How about the one that said the Supreme Court “installed Dubya as president”?
Single out that poster? Then what about other posters who say things that are disagreeable? If I don’t take them on, because I’m away from my desk or whatever other reason, am I signaling that I agree with them?
The stance I have chosen to take, explained here, is to allow wide latitude for comments about public figures or myself, and to shut down people who attack other readers. I count on readers to do some self-policing, to the degree they can.
I have no illusions that this stance produces a perfectly civil dialogue. (And, contrary to what some readers have suggested, it’s not because I want to build up my comments count for some sort of business reason…there is no correlation between the number of comments on a post and its overall readership.) But I do try to get rid of the worst offenders and nudge people toward more civility.
Independant.....Really I am......
October 28th, 2011
2:09 pm
Dusty, Read War Eagles 1:46 and tell me…what productive can come from that???? Tell me, how does that type of post advance the argument in any way shape form or fashion except to inflame those that hate Obama????
UGA 1999
October 28th, 2011
2:10 pm
Independant….are you scared of freedom of speech? Are you that soft hearted?
Kyle Wingfield
October 28th, 2011
2:12 pm
Junior: And when you want to accurately represent my arguments, and thus be part of the solution, please let us know.
For those who want to judge for themselves, the post to which Junior referenced is here.
Southern Comfort
October 28th, 2011
2:18 pm
Dusty
I’d disagree with the Kyle as independent for one reason. An independent would be both critical of the bad and approving of the good in both parties. I haven’t seen Kyle as approving of anything Democratic judging by his recent posts. I’ll add that I have not read every post that Kyle has written in his time here at the AJC. Kyle would be more representative of a moderate conservative, if anything, in my opinion. There’s nothing wrong with that at all though, as I am more likely to agree more with moderates of either party instead of the hardcore party loyalists.
a dad
October 28th, 2011
2:20 pm
How can we condemn politicians for their incivility in light of the way we respond to each other here? Politics is just a reflection of society at large, and judging by the venom spewed herein, well, we’re as guilty as they are. Want a change? Then take the time to actually read and think about the column and all the retorts first, then respond. Me, I read these blogs to hear differing opinions and, on occasion, learn something I was unaware of. Face it folks, humanity is a mad, self-destructive species and we’re only getting worse.
Independant.....Really I am......
October 28th, 2011
2:20 pm
Kyle I understand that you can’t nor should you be the comment police, But There are ALWAYS comments that do more to set the debate back or to steer it down a path that takes away from anything productive……. Which takes us back to today’s post…. Until we expect and DEMAND more, political discourse and the dicussions that go along with it will continue to swirl around the toilet…
Fast and Furious Spending
October 28th, 2011
2:20 pm
Aquagirl,
Prior to Bork, Presidents were given broad ascent for their court nominees, in general. But look at what happened with Clarence Thomas (himself, no freak-show either), the confirmation of which was no less of a circus than Bork. The difference and distinction was in the case of Thomas, that Democrats did not want to be seen openly borking a black man, so they conjured a faux scandal in hopes to do that for them.
Dusty
October 28th, 2011
2:21 pm
Poor Aquagirl,
Still firing shots at a “religious” Reagan (never thought of him that way). Then admitting there was a “deluge” of hate (obviously) from Democrats against Bork. Then totally surprised that someone noticed that the hate did indeed come from DEMOCRATS.
I’m glad you are in water and not in law or the field of visual acuity.
Fast and Furious Spending
October 28th, 2011
2:22 pm
Aquagirl,
For proof of the civility of the right vs. the incivility of the left, witness Elena Kagan vs. Clarence Thomas.
a dad
October 28th, 2011
2:23 pm
Folks – Aquagirl voted for Reagan and wouldn’t have voted for Ted Kennedy to be dogcatcher. Give her some slack would ya?
Independant.....Really I am......
October 28th, 2011
2:24 pm
UGA…this is not about freedom of speech….. The discussion is about civility in politics….If you want to talk about being soft hearted…we can switch the conversation over to your Football team…..
Aquagirl
October 28th, 2011
2:24 pm
then your “balance” is another man’s red meat, Dusty.
You’ll have to excuse Dusty, she hasn’t been the same since her #1 prez of all time went back to Texas.
Not that she started out with much capacity for evaluation, considering she thinks Bush was a brilliant guy who saved the free world.
Dusty
October 28th, 2011
2:25 pm
UGA,
Where did I say Kyle was uncivil? That’s news to me.
UGA 1999
October 28th, 2011
2:25 pm
Independant….Hey going 9-2 we can talk about it all you want….
Kyle Wingfield
October 28th, 2011
2:26 pm
Independant: Talk about UGA football badly, and I will show you my uncivil side
UGA 1999
October 28th, 2011
2:28 pm
Kyle…amen brother.
Southern Comfort
October 28th, 2011
2:31 pm
Speaking of UGA football and SEC football in general, why is it that people get mad when their team doesn’t win 10 games every year? With all the talent in the SEC, it is virtually impossible to be the best each and every year. I think coaches in the SEC should get a bit of leeway when it comes to wins and such.
UGA 1999
October 28th, 2011
2:32 pm
Southern…I agree but there is a mentality of excellence with certain schools.
Fast and Furious Spending
October 28th, 2011
2:32 pm
Kyle,
Richt HAS kept his team out of jail this year! That’s good, right?
Dusty
October 28th, 2011
2:33 pm
Now now AquaGirl
Don’t get flustered. I do miss Prez Bush considering what is considered presidential now. I don’t happen to be a “blind” democrat who cannot see anything wrong with the way our country is going economically and politically.
Bush pushed us forward after 9/11. That I appreciate. Obviously Obama did too although he promised to do the exact opposite. He did not.
Go ahead. Tell us how great the economy, the budget, the debt are after almost three years. Yeah, I know. Bush did it.
The rotary mind of liberals is amazing. The same old lines over and over deflecting blame from its obvious source.
UGA 1999
October 28th, 2011
2:33 pm
Fast….If Richt doesnt win tomorrow I think he may be gone at the end of the season.
jconservative
October 28th, 2011
2:35 pm
One of your better columns Kyle.
I watched the “replay” of the Judge Bork hearings every night after work (CSPAN). Usually I was seething.
I am one of those who believes that, per the Constitution, the President gets his choice of appointing Justices of the Court as a reward of being elected. The Senate role is just to make sure the nominee is not a dog; judicial philosophy is not a criteria for Senate objection.
I was also seething when Republicans rejected Bush’s nomination of Harriet Miers for the Court.
It is the President’s choice. Republicans objected on the grounds of judicial philosophy. Miers was a conservative, but not the “messiah in waiting” that was Judge Alito. I am still seething.
Back to the subject. Kyle is correct on this one. The Judge Bork hearings dissolved into a simple case of “dehumanizing” Bork. The same things happened with the Republican “dehumanizing” of Anita Hill. And we still do it today. And it has become something of an art form. The Bork-Hill dehumanizing was blatant with no pretensions of nicety. And the American voter continues to fall for the scams.
So what kind of Justice would Bork have made? Ten years or so after the hearings Judge Bork was interviewed by Larry King on CNN. The question was “what about the controversy over the 2nd Amendment?” Bork’s answer was ” the 2nd Amendment is a militia amendment and has nothing to do with the right of an individual to keep and bear arms”.(The quotes are from memory)
And I thought – damn, maybe Kennedy was right after all.
Independant.....Really I am......
October 28th, 2011
2:36 pm
Bo Jackson and George Rodgers were better than 34 from Georgia…..
UGA 1999
October 28th, 2011
2:37 pm
Independant….not only do I disagree with you….but ESPN does as well. They have #34 as the best college football player of all time. Again you lose.
Dusty
October 28th, 2011
2:39 pm
SoCo
I have high regard for your work and your intelligence. But I have you read your comments too long to not recognize that you are a thinking Democrat, one of the few. But Democratic you are and that is your line of thought in most directions.
I find Kyle is not so firm about everything that Republicans sponsor or say.
So take care. Let us not
Dusty
October 28th, 2011
2:40 pm
well…let us not disagree.
Austin
October 28th, 2011
2:40 pm
The issue for me, and others that I know, is that there is no other option but to elect people we do not care for back into office. Both sides have shown that they are not representing the people of this country. They also know that we have no choice but to put one side or the other in. As a result they know that they can continue to run attack adds, even though the people don’t appreciate them, as well as participate in other negatively viewed actions and nothing will change. The political spectrum has become about the goals of the parties, not the people. It really is a shame.
dixiedemons
October 28th, 2011
2:42 pm
Kyle I know this is your blog and you are paid to stir the pot but….. come on man !!!!!!!!!!
“Anyone who wonders why Americans lack faith in our institutions, and despair that there’s no solution in sight, would do well to remember what happened to Robert Bork some 24 years ago.”
remember Jan Kemp
remember “Jim Crow laws”
remember the Voting Rights Act
remember the the Wall Street Bailout
remember the auto industry bailout
remember the legalization of PACS
remember Corporate Welfare at the expense of the Taxpayer
remember Social Welfare at the expense of the Taxpayer
Southern Comfort
October 28th, 2011
2:42 pm
UGA @ 2:32
I’m a diehard Crimson Tide fan, and I was still yelling “Roll Tide” when the tide was at low tide. That said, I’d make the exception with Mike Shula at UofA. He should have not been hired over Sylvester Croom, and Croom made sure to prove that whenever he faced the Tide.
Tigermike
October 28th, 2011
2:43 pm
I agree that the trashing of Bork was a dark moment in America’s political history. I agreed with rejecting his nomination because of his extreme legal opinions, but Kennedy and others just started smearing him instead of objecting to his judicial philosophy and record. Good column, Kyle.
Jimmy62
October 28th, 2011
2:44 pm
I always get a laugh when people talk about how much more partisan things are. I guess when the royalists went to war against the colonists, that wasn’t partisan. When one Congressman caned another in the halls of Congress, that wasn’t partisan. When hundreds of thousands died in the Civil War, that wasn’t partisan. When FDR demonized conservatives, that wasn’t partisan. When Nixon had people spy on the DNC, that wasn’t partisan.
We’re no more partisan than we used to be, it’s just that a lot more people are paying attention now.
UGA 1999
October 28th, 2011
2:45 pm
Southern….you guys have a good game coming up against LSU. BTW…Nick Saban is by far the best coach in football today. College or Pro.
williebkind
October 28th, 2011
2:46 pm
“and his record was so hostile to so many interests that it was necessary to do what was done”
It was only hostile to those who did not read the constitution or wanted to say the constitution is a living document to be changed at generations whims. Like the progressive liberals. No, since the Bork assinations until now the democrats do not have a party–it was stolen.