Recalling the 1987 Bork confirmation fight

Did you know opponents of Bork’s confirmation waged a whispering campaign against the conservative nominee in the South on the grounds that he wasn’t a religious believer? I explain in a New York Post op-ed out this morning. According to this article at Catholic World Report, Bork considered himself an atheist at the time of the Senate confirmation fight; later, he was to convert to Catholicism.

There are enough ironies here to satisfy anyone. Had Bork joined the Court — assuming the trajectory of his attraction toward religious belief would not itself have been altered by that fact — he might well have outflanked Scalia in bringing a jurisprudence infused by orthodox Catholicism to the Court. For both supporters and opponents, believers and non-, there are lessons here in humility about how far off base we can fall if we treat adversaries’ (or friends’) intellectual positions as fixed and immutable. More from Nick Gillespie at Reason.

About Walter Olson

Fellow at a think tank in the Northeast specializing in law. Websites include overlawyered.com. Former columnist for Reason and Times Online (U.K.), contributor to National Review, etc.
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