On a conference call sponsored by Americans United for Life, Robert Bork expanded on his reasons why Elena Kagan is not qualified to serve on the Supreme Court:
“It’s typical of young lawyers going into constitutional law that they have inflated dreams of what constitutional law can do, what courts can do,” Bork said. “That usually wears off as time passes and they get experience. But Ms. Kagan has not had time to develop a mature philosophy of judging. I would say her admiration for Barak, the Israeli justice, is a prime example. As I’ve said before, Barak might be the least competent judge on the planet.”
Bork went on to give a history of Barak’s tenure, accusing him of creating a “parody of a court.” This left most of the people on the call fairly cold, and the first questions to him pivoted immediately away from the Barak issue. But I asked Bork what he thought of the fact that other jurists, including Justice Antonin Scalia, had praised Barak and even praised his version of “judicial activism.” Was praise for Barak really a disqualifying factor?
“That sounds like politeness offered on a formal occasion,” Bork said dismissively. “Scalia’s career does not square with Barak’s at all.”
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