Robert Bork

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Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American judge, government official, and academic who served as the Solicitor General of the United States from 1973 to 1977.

He began as a professor at Yale Law School by trade and later served as a judge on the D.C. Circuit of Appeals. Circuit from 1982 to 1988.

President Ronald Reagan nominated Bork to the US Supreme Court in 1987, but the Senate denied his nomination.

After attending the University of Chicago, he embarked on a law career.

He started as a Yale Law School Professor after working at Kirkland & Ellis' law firm.

He became a leading promoter of originalism, urging judges to adhere to the framers' original interpretation of the United States Constitution.

He later became a respected antitrust scholar, arguing that consumers profited from corporate mergers and that antitrust law should focus on customer welfare rather than ensuring competition.

Bork wrote several books, including The Antitrust Paradox and Slouching Towards Gomorrah. He served as Solicitor General under President Richard Nixon and President Gerald Ford from 1973 to 1977, litigating many cases before the Supreme Court.

Bork became acting Attorney General after his colleagues in the US Justice Department resigned rather than fire Special Prosecutor Archibald Cox, who was investigating the Watergate affair.

Bork fired Cox after the President's order.

Bork was Acting Attorney General until January 4, 1974, and Ohio U.S. succeeded him. Senator William B. Saxbe appointed Bork to the Court of Appeals for the District of Columbia Circuit in 1982.

After Supreme Court Justice Lewis Powell's resignation, Reagan nominated Bork to the Supreme Court in 1987, starting a bitter Senate debate.

Bork's opposition was focused on his pledged efforts to reverse the Warren and Burger courts' civil rights decisions, as well as his participation in the Saturday Night Massacre.

His nomination was rejected in the Senate by 58 of the 100 senators opposing his nomination.

Anthony Kennedy, another Reagan candidate, eventually filled the Supreme Court vacancy.

Bork resigned as a judge in 1988 and spent time as a professor at the George Mason University School of Law and other institutions.

Mitt Romney was also a fellow at the American Enterprise Institute and the Hudson Institute before his death in 2012.

Early life and education

Bork was born in Pittsburgh, Pennsylvania, on March 1, 1927. Harry Philip Bork Jr. (1897–1974) was a steel company buying agent, and his mother, Elizabeth (née Kunkle; 1898–2004), was a schoolteacher. He was the only one in the family. His father was of German and Irish origins, while his mother was of Pennsylvania Dutch (German) descent.

Bork attended the Hotchkiss School in Lakeville, Connecticut, before attending the University of Chicago. He was a brother of the international social fraternity Phi Gamma Delta, and he earned a Bachelor of Arts degree in 1948. He later attended the University of Chicago Law School, where he served as an editor of the University of Chicago Law Review. He graduated in 1953 with a Juris Doctor degree and membership in Order of the Coif and Phi Beta Kappa. Bork took a two-year leave of absence to serve in the US Marine Corps during the Korean War while studying law school.

Personal life

Bork was married to Claire Davidson from 1952 to her death from cancer in 1980. Ellen Bork, Jr., and Charles Bork were married. He married Mary Ellen Pohl, a Catholic religious sister and activist, in 1982. Bork Jr. is a well-known conservative strategist who is now president of the Antitrust Education Initiative.

On December 19, 2012, Bork died of heart disease at the Virginia Hospital Center in Arlington, Virginia. Scalia characterized Bork as "one of the most influential legal scholars of the past 50 years" and "a good man and a faithful citizen" after his death. He is laid to rest at Fairfax Memorial Park.

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Career

After law school, Bork spent another year in military service, then entered private practice in 1954 as an associate at the law firm Kirkland & Ellis and Willkie Farr & Gallagher. In 1962, Bork left private practice and joined the faculty of Yale Law School as a professor. He taught at Yale until 1981, with a four-year break from 1973 to 1977, during which he served as U.S. Solicitor General. Among his students during this time were Bill Clinton, Hillary Clinton, Anita Hill, Robert Reich, Jerry Brown, Linda Greenhouse, John Bolton, Samuel Issacharoff, and Cynthia Estlund.

At Yale he was best known for writing The Antitrust Paradox, a book in which he argued that consumers often benefited from corporate mergers, and that many then-current readings of the antitrust laws were economically irrational and hurt consumers. He posited that the primary focus of antitrust laws should be on consumer welfare rather than ensuring competition, as fostering competition of companies within an industry has a natural built-in tendency to allow, and even help, many poorly run companies with methodologies and practices that are both inefficient and expensive to continue in business simply for the sake of competition, to the detriment of both consumers and society. Bork's writings on antitrust law, with those of Richard Posner and other law and economics and Chicago School thinkers, have been influential in causing a shift in the Supreme Court's approach to antitrust laws since the 1970s.

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