It should surprise none of us that the first U.S. Supreme Court nominee to be “Borked” has strong negative opinions about the current high court, arguing that its majority (the majority that existed in 2005) “has been overtaken by political correctness.”
In his opening essay for the book “A Country I Do Not Recognize”: The Legal Assault on American Values (Hoover Press), Robert Bork highlights one of the key negative consequences of an activist judiciary:
The complaint here is not that old virtues are eroding and new values rising. Morality inevitably evolves. A society that knew only change would exist in a state of constant frenzy and would soon cease to be a society; a society whose values never altered would resemble a mausoleum. But the merits of specific changes, how far and how rapidly they should proceed, and whether any particular aspect of morality should form the basis of law, are questions of prime importance to the way we live. And these questions, according to the postulates of the American republic, are matters to be resolved primarily within families, schools, churches, and similar institutions, and only occasionally by public debate, elections, and laws that embody, however imperfectly and temporarily, the current moral consensus. What is objectionable is that, in too many instances, a natural evolution of the moral balance is blocked and a minority morality forced upon us by judicial decrees.
