Tag Archive for 'Judge Robert H. Bork'

From the Archives: The NAACP Reviews Robert H. Bork

This post contains highlights of material from the Triangle Research Libraries Network’s CCC project, digitizing 40 archival collections related to the long civil rights movement from four area institutions. For more on this digitization project, click here.

Judge Bork's Views Regarding Racial Discrimination

Former Solicitor General and US Court of Appeals judge Robert H. Bork is remembered for his role in the Watergate scandal and his time serving as an advisor to Mitt Romney, but perhaps most vividly for the historic rejection of his nomination to the US Supreme Court. After President Reagan recommended Bork to the Supreme Court in 1987, the nomination was strongly opposed by a public campaign led by Democratic politicians like Edward Kennedy and organizations that included the NAACP, ACLU, and NOW.

Bork’s record as a strict constructionist who often disagreed with the racial and gender reforms of the 1960s and 1970s concerned many civil and women’s rights activists who feared that, as a Supreme Court Justice, Bork might work to overturn recent decisions on abortion and affirmative action. In August 1987, the NAACP released a report on “Judge Bork’s Views Regarding Racial Discrimination,” in which they detailed Bork’s record of opposition to the 1964 Civil Rights Act and his criticism of previous voting rights and affirmative action-related decisions. A copy of the NAACP’s report can be found in the Helen Edmonds papers. In one section the report quotes an article Bork wrote in 1964 where he described the “dangers” implied by the 1964 Civil Rights Act that “enforc[es] associations between private individuals which would, if uniformly applied, destroy personal freedom over broad areas of life.” 1 Bork’s hostility to the Civil Rights Act is attributed by the NAACP to his belief “that it infringed on the freedom of whites to discriminate.” 2 The report also highlighted Bork’s disapproval of laws protecting minorities against housing discrimination and poll taxes, as well as his support of Nixon’s anti-busing legislation, which hoped to limit the use of busing to desegregate public school systems across the South.

It was documents like this NAACP report that swayed opinion against Bork in 1987. After his nomination was rejected, Bork left the Court of Appeals and spent the rest of his life as a scholar, legal advisor, and best-selling author. Despite his controversial career, Bork was an extremely influential figure who inspired a generation of conservative lawyers and politicians. Judge Bork passed away in December 2012.

1. “Judge Bork’s Views Regarding Racial Discrimination.” Helen G. Edmonds Papers. Folder 100, Scan 1.

2. “Judge Bork’s Views Regarding Racial Discrimination.” Helen G. Edmonds Papers. Folder 100, Scan 15.