European Stars And Stripes (Newspaper) - September 13, 1987, Darmstadt, Hesse                                Page 10 the stars and stripes sunday. September 13.1987 columns James j. Kilpatrick Borc will win confirmation and serve Well for years judge Robert Bork goes before the Senate judiciary committee on sept. 15 seeking confirmation As an associate Justice of the . Supreme court. Every experienced writer in the country regardless of political views should have a measure of sympathy for him.1 the editors of inc Werc k recently asked Bork if he had read a thick summary from Ine department of Justice in support of his confirmation. "1 Haven t read it All he replied because he one aspect of this whole thing that is a Little daunting is Reading about yourself in every context and even worse Reading Jim Tuff i wrote in inc old Days. My general impression is that i was much less mature then. But that i wrote  every seasoned editorial writer Iri the country will appreciate Bork s wry observation. Nearly 40 years ago at the tender age at 2s, 1 became the unseating editor of a major Southern newspaper. There was t a topic under Moon or Sun on which 1 could no deliver a definitive opinion i Laid upon my enemies with shillelagh tire Iron and Bung starter. Those were Glori Ous limes 10,000 words of copy a week half a million words a year. A the stuff i turned out in the old Days like Bork t was less mature but 1 wrote better. The mellowing experience ought to be kept in mind As inc committee appraises Borks record. Like All of us who write for n living he has expressed views in times past that he no longer holds in times present. I was an moves on nor All thy piety nor wit shall lure it Back to cancel half a line nor All Why lean Wash out a word of  things that Bork said As a Law professor about free press antitrust Law and a right to privacy Are not necessarily the things Bork would say As a member of the High court. He is stuck with his written record Bui he ought not lobe impaled upon in. None of this is to suggest that Bork is any More a moderate hum i am or More to the Point any More a moderate than Justice William Brennan or Justice Thurgood Marshall. Bork is a principled conservative just As Brennan and Marshall Are principled liberals. He believes in the old doctrines of judicial restrain of respect for legislative decisions of Obedi ence to the Clear commands of the Constitution. He Jim Fain Reagan Pope much alike Pope John Paul ii and Ronald Reagan have a lot in common. Both were actors once. Both Are Mas ters of television and orchestrate in to rally Public sup port. Both seek to Roll Back liberalism they believe threaten the institutions Over which hey preside. Each owes much of his Success to personality. They Are appealing men liked even by those who disagree with them. Bath advocate conservative philosophies rejected by most of their constituents. The Pope has several advantages. He is elected for life and is younger. He has nol been tarred by an Iran Contra scandal. He is credible As Well As likeable. But he has been nun by his Praise of Kurt Waldheim. The austrian who lied about his role in Hitler s War by his punishment of Charles Curran. The Catholic professor who disagrees Wilh him on sexuality and by his Stric Tures against archbishop Raymond Hunthausen of Seattle for similar reasons. American catholics Are in Sharp Dis agreement with the Pope on contraception abortion divorce and the role of women. Reagan faces similar opposition on such personal priorities As Contra Aid defense spending and cutbacks in education subsidies and Aid to the homeless. Both these masters of Public relations arc big spend ers. Reagan has More than doubled the National debt. The Pope now spends twice the Vatican s income. Both Reagan and John Paul have in Forcari. Reagan uses Edwin a Csc. His attorney general As Point Man for his social Agenda pushing Urh ool prayer and fight ing to limit civil rights. John Paul has Joseph Cardinal Ramger As keeper of the Faith. Raisin get Hal the charge against cur Ort the Pihulic theologian backroom Amr tons holds a the conviction that judges ought never to impose their own personal prejudices on he Law under inc Guise of  in is for these reasons that Ronald Reagan has nominated him for a seat on the court. Of course the presi Dent Hopes that sort s vote on constitutional questions would to in inc right direction. Every president since George Washington has made nominations in the same hopeful spirit. Often presidents have been disappointed in their choices but the custom is inviolate. The Issue involving Boris is wholly one of degree. Almost no one questions his qualifications and for Good reason his qualifications arc Superb. Skilled Law yer top notch professor solicitor general most recently a circuit judge Bork has in All. Bui is his conservatism extreme conservatism is he a troglodyte zealot slavering to turn Back civil lib erties no one who has considered Bork s whole record can believe any such thing. He is a judge not an advocate. He can be relied upon to brine the formidable Powers of his intellect to Bear on the Taw and the facts of a Case. His mind won t be absolutely  Only a wimp could gel to be go years old and have an absolutely open mind and Bork is no wimp. He is a Jurist period. Will he win confirmation if Sens. Joe Biden and Edward Kennedy Are determined to mount 3 filibuster and if they can hold 41 votes against Bork the Nomi nation would have to be withdrawn. Such a course holds terrible risks of retaliation for the Liberal democrats. The intensity of the Battle Over Bork raises this controversy above the level of previous fights. No such contending forces were drawn up Over the nominations of John a Parker in 1930 or Clementha Osworth in 1969. Bork s opponents have vowed to spend millions of dollars in lobbying against his confirm station my conviction is that reason Wil yet prevail. Bork will emerge from he hearings As a belter Man than his inquisitors. After prolonged debate in octo Ber he will win and he will Grace the court for years to come. Each of the two conservative leaders seeks to make a lasting Mark through appointments. Reagan has named hundreds of Young conservatives to the Federal Bench and Hopes to lilt the balance of the supreme court with his nomination of Robert Bork. John Paul has filled his Hierarchy Wilh conservative Bishops notably in the untied Stales John Cardinal o Connor of new York and Bernard Cardinal Law of Eto Lun. How lasting will be inc effects hard to say. John Paul will have a longer term in which to mate a difference. Bui both Are fighting the direction of history and almost surely can Only retard not reverse it. The tragedy is trial John i Juis focus against birth control impedes family planning in the third world where overpopulation threatens calamity. Reagan s debt Binge a Lead la world up Ruinn. But that s mini ame. Population glut Manol be