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Bench Memos

NRO’s home for judicial news and analysis.

The Tempting of America Revisited



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I look back at Judge Bork’s great book for the Claremont Review.

 

The views advocated in Tempting have run into two major types of criticism on the Right. Libertarians have attacked what they view as Bork’s majoritarianism, and it is surely true that his jurisprudence would leave voters and legislatures freer to pass the laws they choose than libertarians would like. . . .

Another line of criticism treats Bork as a moral relativist. . . .



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