On Monday, the Senate will hold a cloture vote to end the filibuster of Robert Bacharach to the Tenth Circuit Court of Appeals. This filibuster is just the latest example of the destructive obstruction of judicial nominees that Republicans have engaged in from the very start of the Obama presidency.
In fact, if this filibuster succeeds, it will be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support.
Bacharach, who hails from Oklahoma, is extraordinarily well qualified to be a circuit court judge. The ABA panel that evaluates judicial nominees unanimously gave him their highest possible rating, "well qualified." He has been a magistrate judge in the Western District of Oklahoma for over a decade, giving him substantial experience with the criminal and civil legal issues he would face as a circuit court judge.
Much of Oklahoma's legal establishment has publicly supported his nomination: the Chief Judge for the Western District of Oklahoma; the Oklahoma Bar Association; the Dean of the University of Oklahoma College of Law; the General Counsel at Oklahoma City University; the Dean Emeritus at Oklahoma City University School of Law; the President of the Oklahoma County Bar Association; fellow members of the Federal Bar Association; and attorneys who worked closely with him while he was in private practice.
Bacharach also has strong bipartisan support. He has the support of President Obama and both of Oklahoma's Republican senators. In addition, he was approved by the Judiciary Committee nearly unanimously, with only Sen. Lee voting no (for reasons unrelated to the nominee). Sen. Coburn has said it would be "stupid" for his party to block a floor vote on Bacharach.
Last month, Senate Minority Leader Mitch McConnell announced that his party would refuse to consent to any further confirmation votes for circuit court nominees, purportedly because it is an election year. He cited the so-called "Thurmond Rule," which he mischaracterized as a practice of not allowing any judicial confirmation votes as we approach a presidential election. In reality, it is not a "rule" at all. Instead, it is the name for the general principle that the party not in the White House will sometimes slow confirmation of controversial judicial nominees at some point in the months leading up to a presidential election. It has nothing to do with consensus nominees like Bacharach.
In fact, as noted above, a successful filibuster of Bacharach would be the first time there has ever been a successful filibuster of a circuit court nominee who was approved in committee with bipartisan support. That is hardly consistent with Senate history or practice.
But it would be consistent with Republican efforts to obstruct President Obama's judicial nominees regardless of their qualifications, regardless of their strong bipartisan support, and regardless of the damage the obstruction inflicts on the American people. After years of calling filibusters of President Bush's judicial nominees unconstitutional, Senate Republicans turned around and filibustered President Obama's very first judicial nominee (David Hamilton, to the Seventh Circuit). This year, most of the circuit court nominees who have been confirmed have required a cloture vote to break Republican filibusters.
Republican efforts to filibuster Robert Bacharach are completely unjustified, but are also no surprise.
The DISCLOSE 2012 Act is a simple and seemingly-unobjectionable proposal that would require outside groups spending money in elections to disclose their donors and help inform the American people as to who is trying to sway their votes. Yet the proposal faces a slim (read: zero) chance of passage in the Senate this week. It even had partisan support when it was introduced first introduced in 2010 as a response to the Supreme Court’s flawed Citizens United decision, and Republican support for general campaign-related expenditures dates back many years.
Not anymore. The Huffington Post notes that there are 14 Republican senators serving since 2000 who previously voted for disclosure, but today would rather protect the anonymity of wealthy special interests and corporations than shed light on the funders of today’s endless barrage of attack ads.
These Senators have been whipped into line by Minority Leader Mitch McConnell (who was undoubtedly whipped into line by wealthy special interests and corporations who write big checks to Republicans, and would prefer to continue to do so in secret). Senator McConnell himself has flip-flopped on the issue:
Sen. McConnell in 2000: “Why would a little disclosure be better than a lot of disclosure?”
Sen. McConnell in 2012: “[Disclosure is] a cynical effort to muzzle critics of this administration and its allies in Congress.”
The Sunlight Foundation has put together a video “depicting” other Republicans’ contradictory statements on the DISCLOSE Act. Watch it here:
Today, Monday July 16th 2012, the U.S. Senate will vote on whether to end the filibuster of the DISCLOSE Act, and more likely than not, the effort to bring the popular bill to a final floor vote will fail. Yet the DISCLOSE Act is a bill so fundamentally logical and conspicuously necessary for the health of our democracy, it is mind boggling that even one U.S. Senator would dare to not support it - let alone label it so extreme that the Senate should not even be allowed to vote on it.
The bill is about transparency, and the American people’s right to know who’s funding the campaign ads that are flooding our airwaves and influencing our opinions.
Here’s a brief history on how we got here:
On January 21st, 2010, the Supreme Court issued its landmark ruling in Citizens United v. FEC, overturning key provisions of the McCain-Feingold Act, creating a new campaign finance system in which corporations and unions could use treasury funds to influence elections.
Three months later, the D.C. Court of appeals struck down federal law limiting contributions to entities engaged in independent expenditures in the case SpeechNOW v. FEC. To reach their decision, the lower court relied upon the rationale put forth in Citizens United, particularly that “independent expenditures … do not give rise to corruption or the appearance of corruption.” The Roberts Court declined to consider an appeal of the lower court’s ruling in SpeechNOW, and thus ushered in the era of the super PAC.
Yet anonymous spending was not supposed to be the result of these rulings.
In the opinion of Justice Kennedy, writing for eight of the nine justices on the Court, it was assumed that disclosure requirements were constitutionally permissible and would serve as a check in this new I.E. spending reality.
With the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters.
… citizens can see whether elected officials are ‘in the pocket’ of so-called moneyed interests.
… disclosure permits citizens and shareholders to react to the speech of corporate entities in a proper way. This transparency enables the electorate to make informed decisions and give proper weight to different speakers and messages.
But that transparency has not been codified into law. At present, there is no law or statute that requires entities that make independent expenditures to disclose to the general public the identities of those who gave money to the entity specifically for political ads and other spending.
Following Citizens United in 2010, Congress came close to mandating disclosure when the House passed the DISCLOSE act. The bill had strong majority support in the Senate, so the Republicans filibustered it. Unfortunately, the effort to end the filibuster failed in the Senate by one vote. It died on the Senate floor with a 59 to 39 split on a cloture motion, presciently extending what historian Robert Caro wrote about the Senate of the late 1950’s to the present day, that “For almost a century, [the Senate] had not merely embodied but had empowered, with an immense power, the forces of conservatism and reaction in America.”
Yet disclosure should not be a conservative issue or a liberal issue. This is a democratic issue, with the fundamentals of our democracy at stake. In 2012 America however, Republican political partisanship and hunger for power at all costs have taken precedent over the need for reform; and Republican Senate leadership is holding firm. Issues vital to the health of our democracy - whether they be voting rights or campaign finance rules - are now warped into partisan issues.
Senate Minority Leader Mitch McConnell and opponents of the DISCLOSE act are desperate to find ways to discredit it and justify their unjustifiable opposition.
Take for example, McConnell’s piece in the USA Today, "Disclose Act is un-American," where he writes:
The Supreme Court, in Citizens United v. the FEC, correctly ruled that Congress may not ban political speech based on the identity of the speaker. (sic)
The Disclose Act would make this and any future administration's ability to punish and intimidate its political enemies even easier. It is the Democrats' attempt to get around the court by compelling certain targeted groups to disclose the names of their donors, while excluding others, such as unions, from doing the same.
While Senator McConnell cries out "un-American" and "unions" to scare his base - like Senator McCarthy once cried out "communists" on the Senate floor - the facts are irrefutable. Under the bill’s provisions, unions are treated equally to for-profit corporations. Case closed.
Furthermore, supporting the DISCLOSE Act is not a political power grab; however to reject it is, since the majority of the undisclosed money is benefiting the Republican party. So it goes for the bill’s opponents. Take reality and turn it on its head.
McConnell then declares:
This bill calls for government-compelled disclosure of contributions to all grassroots groups, which is far more dangerous than its proponents admit.
The Supreme Court addressed this issue in 1958 in NAACP v. Alabama, ruling that forced disclosure of the NAACP's member lists by Alabama would discourage people from freely associating with a cause or group.
Once again, McConnell has to obfuscate the truth to hide the fact that he has no real argument.
The bill requires organizations (corporations, unions, super PACs, non-profits) to report within 24 hours of making an election expenditure of $10,000 or more. Donors that give $10,000 or more to the organization would be made public, unless they specify that their contributions to the organization cannot be used for election spending. The idea that every grassroots group will have to turn in their membership lists to the evil federal government is a scare tactic, and unsubstantiated.
The bill is designed to remove the added layer of anonymity ‘speakers’ are currently hiding behind by donating to nondescript (c)(4) and (c)(6) organizations that – unlike for-profit corporations, advocacy groups, and unions – do not operate in the public sphere, and whose purpose generally is unknown to the public.
One would imagine that halting this egregious process would be a quick fix. But one would also imagine the same for voting on judicial nominations, or extending the debt ceiling, or allowing Americans to cast a vote on Election Day. Unfortunately, that’s not how 2012 America functions.
The most unbelievable part of McConnell’s and Republican obstruction is that this DISCLOSE act is a watered-down version of its original. The 2010 provisions that would have required funders to “Stand By Their Ads” has been removed, as have the prohibition on electoral advocacy participation by corporations that received TARP funds. The bill will not be effective until 2013, so would not even affect this election cycle. But in the end, it’s definitely a step in the right direction and should be a no brainer for any elected official committed to the integrity of our elections.
Yet we are bound to hear the absurd cry of “union carve-out” tonight on the Senate floor when the bill is debated, and all the other diversionary arguments. The obstructionists need straw men, since without them, there could only be silence.
Goodwin Liu, the much-admired law professor whose nomination to the 9th Circuit Court of Appeals was run into the ground by the Senate GOP this year, is now a judge. Liu was confirmed last night to sit on the California Supreme Court, where one of his first cases will determine whether those defending Proposition 8 will have standing to appeal their trial court loss.
When Liu withdrew his appeals court nomination in May, after being the subject of two years of partisan bickering, PFAW’s Marge Baker said in a statement that he “would have made a superb jurist” but “unfortunately, Mitch McConnell and the Senate GOP decided to use Goodwin Liu to make a political point – they smeared the reputation of this respected legal mind while ignoring many of their own vows to never filibuster a judicial nominee.”
California is lucky to have Liu on its Supreme Court. But it’s a shame that the Senate GOP put him through two years of partisan smears before he found a place on the bench.
At a speech yesterday at Southern Methodist University, Justice Ruth Bader Ginsburg touched upon the depressing state of our nation's judicial nominations process. As reported by the Associated Press:
U.S. Supreme Court Justice Ruth Bader Ginsburg said Monday that the confirmation process has become much more partisan and that she probably never would have made it to the high court under the current climate.
"I wish we could wave a magic wand and go back to the days when the process was bipartisan," Ginsburg told the crowd of about 2,000 as she spoke as part of a lecture series for Southern Methodist University's Dedman School of Law.
While most of us cannot wave such a magic wand, Senate Minority Leader Mitch McConnell can. With one word he could stop many of the GOP obstruction tactics against President Obama's judicial nominees. It was just such obstruction that prevented the Senate from voting to confirm twenty pending nominees before it left town several weeks ago, 17 of whom got through committee with no recorded opposition.
As ThinkProgress reported, Justice Ginsburg also noted the hostility felt by some senators toward the ACLU: "Today, my ACLU connection would probably disqualify me."
Unfortunately, she may be right. Late last year, Senator Jeff Sessions – then the Ranking Republican on the Senate Judiciary Committee – railed against judicial nominees who had worked with or been a member of the ACLU, specifically targeting William Martinez, Edward Chen, Goodwin Liu, Jack McConnell, Amy Totenberg, Robert Wilkins, and Michael Simon. He concluded his tirade with the following warning to President Obama:
I do believe the administration needs to understand that this is going to be a more contentious matter if we keep seeing the ACLU chromosome as part of this process.
Republican hostility to the ACLU – and to the constitutional rights it regularly protects – is extremely disturbing. At the same time, the blocking of even unopposed nominees suggests that the GOP's main problems with President Obama's nominees is that they are President Obama's nominees.
We’ve seen Republican Obstructionism at work against our federal judicial system, as Sen. Mitch McConnell and his cohorts have blocked many exceptionally-qualified, mainstream jurists from receiving an up-or-down vote in the Senate and many more have been needlessly delayed. But his recent comments regarding the fledgling Consumer Financial Protection Bureau, which still is without a director, unequivocally shows that his priority is to prevent President Obama from building a functioning government that serves the American people. Unfortunately, this means handicapping the CFPB – which was created to help protect Americans from the types of financial abuse by Wall Street that caused the Great Recession and is toothless without a director – just to score political points and curry favor from the financial industry.
Raw Story reports:
President Barack Obama has decided to nominate Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) instead of Elizabeth Warren, but Senate Minority Leader Mitch McConnell (R-KY) doesn’t care. He says Republicans still plan to block the nomination.
“I would remind [President Obama] that Senate Republicans still aren’t interested approving anyone to the position until the president agrees to make this massive government bureaucracy more accountable and transparent to the American people,” McConnell announced on the Senate floor Monday.
By making the agency “more accountable and transparent,” Sen. McConnell and other Republicans mean replacing the director with a board of directors and making it easier for other agencies to overrule the CFPB’s actions – in other words, providing more opportunities for the financial industry to insulate itself from oversight and regulation.
It’s pretty easy to see how the Obstructionist agenda might not be in the best interest of the American people.
White House Press Secretary Robert Gibbs told reporters yesterday that pushing through stalled judicial nominations would be one of the president’s priorities in the last days of the lame duck session of Congress.
People For released a memo last week detailing why it’s important for the Senate to confirm all 38 stalled nominees immediately:
As the end of the 111th Congress approaches, 38 judicial nominees approved by the Senate Judiciary Committee are waiting for a vote on the Senate floor. Many of the nominees have been waiting for months, while a few have been waiting for almost a year.
Of these nominees:
- 21 (55%) have been nominated to fill emergency slots.
- 29(76%) are women or people of color.
- 29 (76%) came out of committee without opposition and an additional 3 came out of committee with significant bipartisan support.
There’s no question that a majority of senators will vote to confirm every one of these nominees, and it’s unlikely that any of them would fail to garner the 60 votes necessary to overcome procedural hurdles that the GOP has deployed on virtually every function the Senate has performed since President Obama took office. (This is doubly true considering that many members of the GOP have publicly asserted that filibusters of judicial nominees aren’t just wrong, but actually unconstitutional.)
Now, Senate Minority Leader Mitch McConnell seems to be offering Democrats a devil’s bargain: confirm a number of the nominees that don’t have any opposition at all, but send the rest back to the White House at the end of the Congress. The group being sent back to the White House will almost certainly include four of the eminently qualified – and mainstream -- nominees who have had the misfortune of being tagged as “controversial” by Republicans:
- Rhode Island nominee John McConnell, who has been opposed by the US Chamber of Commerce for his willingness to represent victims of lead paint poisoning.
- Former Wisconsin Supreme Court Justice Louis Butler, whose work as a judge irked business interests so much, they spent $1 million to prevent his reelection.
- U.S. Magistrate Edward Chen, who has been attacked for his work fighting discrimination against Asian Americans for the American Civil Liberties Union.
- And then, of course, Ninth Circuit Appeals Court nominee Goodwin Liu. As the New York Times editorial page has pointed out, the GOP’s resistance to Liu centers mainly around the fear that he’s so qualified, he might end up on the Supreme Court.
Senator Reid and his colleagues should call Senator McConnell’s bluff and start holding cloture votes on these nominees. The process will take time, but adding time to the calendar is entirely within the Democratic leadership’s purview. By confirming McConnell, Butler, Chen, and Liu, Senators can make clear that they will fight the unprecedented and enormously damaging obstruction of highly qualified judicial nominees. Walking away from these nominees delivers the confirmation process to the GOP: they’ll effectively block confirmable jurists without even having to go on record with their obstruction.
President Bush worked hard to pack the courts with far-right, Federalist Society judges. Confirming Obama’s picks will not only fill vacancies causing judicial emergencies and add much-needed diversity to the federal bench, it will prevent the federal bench from continuing to be dominated by Bush’s far-right appointments.
Whatever the results of today’s elections, there’s little doubt that the incoming Congress will shift drastically to the Right. How far right?
In a new piece in the Huffington Post, People For’s president, Michael Keegan, examines some of the trends among front-running GOP candidates this year, including extreme anti-government views (to the point of abolishing the Department of Education and phasing out Social Security) and a loyal allegiance to Big Business. We’ll be watching how these issues play out in today’s election…but what about when some of these folks are in office?
Ezra Klein writes today about the “end of the do-something Congress.” Despite GOP obstruction, the 111th Congress has pushed through some huge legislative initiatives—from Health Care Reform to the Stimulus to the Lily Ledbetter Fair Pay Act.
Republican leaders have promised that if they retake majorities in Congress, their main goal will be legislative gridlock. Senate GOP leader Mitch McConnell put it like this: “The single most important thing we want to achieve is for President Obama to be a one-term president.”
It’s a dismal goal for people supposedly in the public service business. But what the focus on the coming GOP gridlock hides is what the new far-right GOP would do if they didn’t face any opposition from a strong progressive presence in Congress or the executive branch. As today’s Huffington Post piece and our Rogues Gallery of right-wing candidates explain, it’s not pretty.
Last night, in the latest episode of their passive-aggressive crusade to keep President Obama’s judicial nominees off the bench, the Senate GOP put on a mind-boggling display of obstruction.
As the Senate confirmed Elena Kagan’s Supreme Court nomination, 21 other judicial nominees were waiting for Senate votes. More than half of these nominees had been approved unanimously by the Judiciary Committee, and all had been waiting more than 100 days for confirmation.
After the Kagan vote, Senate GOP leader Mitch McConnell agreed to hold voice votes on four of the stalled nominees, and promised to agree to a vote on another—Jane Stranch, a Tennessee attorney who has been waiting more than a year for confirmation, despite having the support of both of her home state’s Republican senators-- in September.
The GOP sent five nominees back to the White House—meaning that the President will have to renominate them and start the process again.
That left eleven nominees in Senate limbo. Nine of them had received absolutely no opposition from either party in their Judiciary Committee hearings.
In an interview Monday, the National Journal asked McConnell about his party’s obstructionism. “Is the Senate broken?” the interviewer asked. McConnell answered:
No. Members frequently on both sides hold up a nominee because of some concern they have. It is more likely to be done if you are in the minority because the administration is not of your party and less likely to address your concern. This kind of give-and-take I have seen go on before. It is not any more dramatic now than it has been in the past, and this president has not been treated worse than the last one was. But it is always maddening to the majority and maddening to every president.
I must say the president even made it worse by recessing a guy like [Craig] Becker [to the National Labor Relations Board], who was defeated in the Senate. We had a vote. He was defeated on a bipartisan basis. And recessing a guy like [Donald] Berwick [to oversee Medicare and Medicaid] without any hearings at all and with the chairman of the Finance Committee [Max Baucus, D-Mont.] saying he didn't think he should have been recessed. That is not the kind of action that is designed to, shall I say, engender a cooperative reaction on the part of the minority. I think we can statistically show you that it is not worse for President Obama. He hasn't been singled out more for shoddy treatment than it has been in the past.
It’s unclear what “concern” McConnell is referring to in the case of the nine blocked nominees who have received absolutely no Republican opposition. The concern seems to have nothing to do with the nominees at all—but rather with unrelated executive branch nominations that the GOP is seeking revenge for.
And as for McConnell’s claim that “we can statistically show you that it is not worse for President Obama,” the Center for American Progress has a chart for that:
If there’s one theme that’s prevalent here at Netroots Nation, it’s that elections matter—but what you do after elections matters more.
In a great panel discussion this morning, six judiciary-watchers discussed why the courts should matter to progressives, and why it’s dangerous when they don’t.
Pam Karlan, a professor at Stanford Law school who is frequently mentioned as a potential Supreme Court nominee herself, put it this way: “However much progressive legislation we get from Congress, unless it gets enforced every day by district courts, it’s just words on paper.”
Republicans have successfully made the courts an issue for their base, and are trying to work it to their advantage now that they’ve lost power in Congress and the White House. The Philadelphia Inquirer reported earlier this month that nearly 40% of federal judges currently serving were appointed by George W. Bush, whose habit of recruiting from the conservative Federalist Society led to an intentional right-ward drift on courts across the country.
In their effort to keep the courts on the Right, Republicans are taking full advantage of their well-practiced obstruction skills.
Nan Aron, president of Alliance For Justice described the Republican game plan to keep the courts: “Hold seats open until a Republican president comes in and he’ll fill them in a New York minute.”
Which is exactly what Senate Minority Leader Mitch McConnell is trying to do as he repeatedly refuses to hold votes on confirming President Obama’s judicial nominees. He’s making a deliberate effort to stall all Senate business, but also a calculated plan to keep seats on the federal bench empty for as long as possible with the hope that they won’t be filled by progressives.
What courts do every day—from the Supreme Court down—matters to ordinary people. Indeed, courts are central to our ability to hold corporations and other special interests accountable for harmful behavior. Judicial appointments are essential to securing corporate accountability for environmental safety (just look at the Fifth Circuit, where the judges making important decisions about oil drilling regulation are closely connected to the oil industry); they’re essential to holding businesses accountable for how they treat workers (see Rent-a-Center v. Jackson); and, of course, they’re a critical part of ensuring our civil rights.
Dahlia Lithwick, who covers the Supreme Court for Slate, pointed out that “conservatives have been laser-focused on the court,” while progressives don’t always connect the issues we care about with the courts that ultimately decide their fate.
It's time to change that.
UPDATE: You can watch the full discussion in the video above.
Yesterday, Sen. Kay Hagan of North Carolina tried to convince the Senate to confirm two appeals court nominees from her state. The two nominees, Judges James Wynn and Albert Diaz, have no controversial baggage--each received near-unanimous bipartisan support from the Judiciary Committee.
The confirmation of Wynn and Diaz would also contribute to the Obama Administration’s effort to add diversity to a woefully un-diverse court system. Diaz would be the first Latino appointed to the Fourth Circuit, Wynn the fourth African American.
Wynn and Diaz have both been waiting 169 days—over five months— for a Senate vote.
But none other than Minority Leader Mitch McConnell took to the floor yesterday to block a vote on the two nominees. He freely admitted that his action had nothing to do with Wynn and Diaz themselves, but was rather a purely political retaliation against the president’s recess appointment of a Medicare and Medicaid administrator. That appointment was not only unrelated to Wynn and Diaz, but came after the two nominees had already been stalled for months on the Senate floor.
Watch the video of Hagan’s and McConnell’s exchange:
Using judicial nominees as political pawns—thereby leaving important vacancies in courts throughout the country and stalling efforts to put judges with diverse background on the bench—is a tactic that the Republican minority has been using with zeal.
We’ve been collecting statistics on Republican efforts to keep qualified judges from starting their jobs. Here’s the latest update:
Nominees waiting for confirmation: 21
Nominees who have been waiting for more than 90 days: 18
Average number of days since nominated: 161 (200 for circuit court nominees)
Average number of days waiting for a Senate floor vote: 90 (111 for circuit court nominees)
In the two days since Republican Senate nominee Rand Paul restated his long-held opposition to the portions of 1964’s Civil Rights Act that prohibited racial discrimination by private businesses, members of his party have been keeping their distance and tripping over themselves in the rush to declare their allegiance to the landmark civil rights law.
But, as the Washington Post’s Ruth Marcus points out, there was a time not long ago when Republican Senators were faced with someone with views very similar to Paul’s–and, instead of distancing themselves from him, tried to put him on the Supreme Court.
Rand Paul and Robert Bork, Marcus writes, “are ideological soul mates.”
For those whose perspective on the rejected Bork nomination is that it was such a skewed pummeling that it led to the creation of a new verb -- Borking -- here’s a reminder. Writing in The New Republic in 1963 about the proposed civil rights act, Bork inveighed against a principle of "unsurpassed ugliness” -- not of racism, mind you, but of the notion of compelling private property owners to stop discriminating. Sound familiar? The next year, Bork lit into the proposed bans on discrimination in both employment and public accommodations, saying they would “compel association where it is not desired,” and citing “serious constitutional problems” with the measure.
Bork renounced those views publicly in 1973, during his nomination for solicitor general. Paul’s about-face took less than 24 hours.
It might seem unfair to bring up a 23-year-old nomination battle in the debate over today’s policies, but some in the Republican Party have done just that, using Bork’s Senate defeat as a recurring Supreme Court talking point.
This week, McConnell weighed in on the Paul brouhaha, issuing a statement extolling the “landmark achievement” of the Civil Rights Act.
If Republicans want to keep on bringing up the Bork nomination, they should spend some time remembering why Bork met with such an unfriendly reception.
For a reminder, check out People For’s 1987 TV Ad on Bork, narrated by Gregory Peck: