When President Reagan nominated Robert H. Bork to the Supreme Court in the summer of 1987, a carefully staged firestorm of opposition erupted, although no question was ever raised about Judge Bork’s qualifications. But those who would manipulate the law to their own political ends knew that they would have no friend in Bob Bork were he confirmed. Their misrepresentations of his record denied Bork a seat on the Court, but their short-term victory was Pyrrhic. Bork is back.
The Tempting of America discusses that confirmation battle, but only briefly. The heart of the book deals with the very nature of judging, and so with the future of this nation. For those who have followed Robert Bork’s distinguished career—as law professor, Solicitor General of the United States, Judge of the U.S. Court of Appeals for the District of Columbia, and prolific writer on legal subjects—this book has been eagerly awaited. Seldom have high expectations been so completely fulfilled. It is a work of monumental dimension, and addresses the central legal question of our time: Are we to be governed by our elected representatives, as the Constitution explicitly provides, or by an unelected judiciary?
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