European Stars And Stripes (Newspaper) - September 14, 1987, Darmstadt, Hesse                                Daily Magazine supremo court nominee Robert Bork seen with president Reagan who announced his nomination in july. Robert Bork pro and con by Andrea Neal United press International Obert Bork s Legal views have come full Circle since his College Days when he served As a poll watcher Lor a socialist candidate and passed out leaflets on behalf of presidential hopeful Adlai Stevenson today the bearded and professorial appeals court judge is the Champion of the Legal philosophy known As judicial  it is a belief thai endears him to conservatives and makes liberals fear his Impact if he is confirmed to a seat on the highest court of the land. When the Senate judiciary committee begins confirmation hearings this week Bork and his judicial philosophy will be Foremost on senators minds. Since his academic credentials Are unblemished the focus of the hearings is expected to be the Legal mind of judge Bork and whether his views could shift the balance of the supreme court sharply to the right. Lloyd Cutler a Washington lawyer and counsel to president Carter from 1979-80, does not believe Bork would greatly change the court. I would put him in the category of those who try to practice what most judges preach says Cutler who has known Bork for 20 years that is a theory of judicial restraint in which you look at your Job As construing the Constitution and the Laws to the extent practical without taking into account your own social or political views he would come to cases open minded Cutler says and i think he s going to have a lot of surprises for us if he s confirmed i believe he is far More a centrist than a  but Dick Howard a University of Virginia Law professor offers a different View of Bork who he believes would add a powerful voice to the court s conservative bloc now anchored by chief Justice William Rehnquist. The replacement of Justice Lewis Powell by Bork is going to accentuate the court s slide to the right in some very important areas Howard says. There Are several areas in which Bork s vote will make an Early difference such As abortion affirmative action and some criminal Justice  Bork s critics scoff at his claim he believes in judicial restraint. A report prepared by consultants to sen. Joseph Biden d-del., chairman of the Senate judiciary committee concluded Bork is actually a judicial activist determined to Advance president Reagan s conservative social Agenda Well into the next Century. From his record it appears that Bork s addition to the court would Cement a five vote majority for undoing much of the social Progress of the last three decades the report said. Bork does not think of himself in political terms and chafes at labels like Liberal and conservative. He prefers to Call himself Turkian a reference to Edmund Burke the 18th Century British political writer and statesman who while championing Many Liberal and Reform causes was considered a spokesman for conservatives because of his Faith in institutions and the status quo. Bork says the evolution of his political views was a gradual  i started Oil Reading in High school i read a lot of socialist literature and it seemed to make sense. I suppose i began to change when i Learned some economics at the University of Chicago and became much More of a free Market Type rather than a planned Economy types which i had  during his years at Chicago and later us a Law professor at Yale. Bork developed his philosophy of judicial restraint. It is that philosophy which attracted him to Reagan who believes judges should interpret the Law not make it. A judge s sole task Bork said in an american Enterprise Institute lecture in 1984. Is to translate the framer s or the legislator s morality into a Rule to govern unforeseen circumstances. That abstinence from giving his own desires free play that continuing and self conscious renunciation of Power that is the morality of the  Legal scholars however Are divided on whether it is possible for a judge to decide cases based solely on original  Paul Gewirtz Law professor at Yale says it is inevitable that a judge s background and convictions will help to shape his  Bork nevertheless says original intent is the Only theory available to guide judges. During confirmation hearings in 1982 on his nomination to join the us circuit court of appeals in Washington. Bork criticized what he called judicial imperialism his term for judicial activism that has gone too far and has lost its roots in the Constitution or in the statutes being  on that occasion and Many others. Bork argued judges should be guided Only by the written Law and the intentions of those who role it. That is Why Bork opposes judicial interference on issues like abortion arid sexual harassment in the workplace nothing in the Lext of Tho Constitution or what is known about Tho Inlo Lions of the framers offers any guidance into those issues he says Bork s judicial philosophy translates into a belief thai Iho supreme court was wrong in discerning a right to privacy. First in a 1965 Connecticut Case upholding a married couple s right to use birth control and later in Floe is Wado. Which legalized most abortions in 1973 that philosophy also can be seen in a 1984 appeals Cotril ruling in which Boik rejected an Appeal from a Navy Petty officer fired for homosexual conduct Tho Seaman. James Dronenburg. Had argued that his sexual practices were constitutionally protected under the Connecticut birth control Case. Griswold is. Connecticut and Roo is Wade but Bork vehemently disagreed saying to would Lind in impossible to conclude Hal a right to homosexual conduct is fundamental or implicit in the concept of ordered Liberty unless any and All private sexual behaviour Falls within that category a conclusion to Are unlikely to draw ii the revolution in sexual mores is in fact Ever to ammo. We think it must arrive through Tho moral choices of the people and their elected representatives not through the order of this court " at the Lime. Bork was widely criticized for flouting precedents of the supremo court. Some observers said he could easily have disposed of the Case without so obviously expressing his disdain Lor Roe is. Wade. But Many of Bork s views eventually were adopted by the supreme court Itsell in 1986 when it Rolu cd to strike Down a Law that made homosexual sodomy a crime. The ruling was one of More than 100 Bork has authored at the appeals court others show his consistent a causal to reach the merits of an Issue in he believes the Case is not appropriately before the court and an unwillingness to expand concepts of Legal standing because Bork has been in Public life As a professor lawyer and judge for Many years his views Are Well known and he is sure to be questioned at length about them by members of the judiciary committee. Professor Laurence tribe of Harvard University Law school believes such concerns Are Well founded and a proper matter for Senate debate. It is important the court reflect the Broad spectrum of philosophical views across the country tribe said we have nine justices for a reason not us because there Are nine terrific jobs to be filled by lawyers rather because the issues before the court Are so difficult and divisive that Only a diversity of views can reflect the  other constitutional scholars such As conservative Bruce fein say the Constitution s requirement that senators give advice and consent to the president on court nominees Means they Are obliged to confirm a candidate As Long As he is Well qualified regardless of ideology. The purpose of the advice and consent role was to prevent corruption and cronyism fein said. Thai s the president s prerogative to choose ideological  monday september 14, 1987 the stars and stripes Page 13