Robert Bork Quotes

In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.

Byrnes later was appointed to the court.

The comment was prompted by FDR’s attempt to “pack” the Supreme Court.

The Roosevelt administration had stemmed the tide of Hoover’s Great Depression but the nation had not yet recovered. The New Deal measures, most of which would be considered fundamental to good government 50 years later was being constantly thwarted by a Supreme Court with a strong arch conservative majority headed by James McReynolds, a virulent, overt, anti-Semitic racist, who hated FDR—see {616652} and {585241}. The situation was to many like that which existed before the Civil War when the Court rendered the Dred Scott decision that so harmed the nation. Frankfurter, not then a Supreme Court Justice, urged Roosevelt to do something lest the American Public lose all respect for the Court and our Constitutional system and have the nation harmed by not allowing reforms like child labor laws to go through. The court actually ruled by a narrow majority that the government could not pass laws making it illegal for 11 year old children to work in coal mines or factories. FDR attempted to add more justices turning the majority into a majority—“packing the Supreme Court”, but that politically backfired. Some of the reforms never went through while others needed Constitutional Amendments like the end to Prohibition.

The highest court in New York.

Then Clarence Thomas replaced Thurgood Marshall on the Supreme Court, there appeared to be a majority of the court that would overturn Roe v. Wade and a woman’s right to an abortion. However it was an election year and the Chief Justice, a Republican, was concerned that if Roe was overturned the electorate might take it out on the Republicans, whose Solicitor Generals had fought to overturn Roe, at the polls. He therefore postponed the hearing of a Pennsylvania case, and then tried to postpone it again till after the election. Blackmun’s memo caused a majority of the court to vote to hear the case with no additional delay. Ironically, by a single vote, Roe was upheld.

This surprising quote of Roosevelt’s is noteworthy for two reasons. First most of us are amazed that one of our greatest presidents were opposed to the Checks and Balances of the Constitution as it has been interpreted since Chief Justice Marshall and his Court asserted the power of Judicial Review. Second, at the beginning of the 21st century the Republicans / Conservatives opposed the power of the Supreme Court and wanted it diminished, while the Democrats were strong supporters of judicial review. In TR’s era, the parties were flip flopped. It was William Jennings Brian and the Democrats who wanted to curtail the power of the court (they had then found even the income tax unconstitutional), while the Republicans / Conservatives fought to uphold the “traditional” role of the Supreme Court. Roosevelt, not only sided with the Democrats against his own party, but went further than Bryan or any other Democrat in calling for the voter’s right to review and nullify Supreme Court Decisions that were unpopular. Needless to say, most of TR’s Republican compatriots were not happy with him, but that was not uncommon as he took on the trusts and monopolies, set up national parks, established Federal Regulation of Food, and other positions that out reformed the Democrats.

This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.

Cleopatra was an outstanding ruler who spoke 9 languages and depended on relatively few advisors.

Others argue that the prosecutors are the weakest link in the system. See {631696}.

His admonition did little good. That Congress passed fewer bills than any other in history.