Supreme Court nomination hearings have gone from serene to savage, thanks largely to Joe Biden.
As head of the Senate Judiciary Committee, he presided over the infamous Robert Bork hearings. His smearing of Bork for his original-intent judicial philosophy transformed hearings for Supreme Court nominees into bloody ideological battles. Henceforth, all conservative nominees were subjected to “Borking.”
Brutal to Bork from the start, Biden treated him not as a serious judge but as a stooge for what Biden called the “Reagan-Meese” agenda. Biden’s transparently unfair treatment of Bork was so bad even The Washington Post editorialized against Biden at the time:
While claiming that Judge Bork will have a full and fair hearing, Senator Joseph Biden this week has pledged to civil rights groups that he will lead the opposition to the confirmation. As the Queen of Hearts said to Alice, “Sentence first—Verdict Afterward.”
How can he possibly get a fair hearing from Biden, who has already cast himself as the role of prosecutor instead of a juror in the Judiciary Committee? If there is a strong, serious case to be argued against Judge Bork, why do so many Democrats seem unwilling to make it and afraid to listen to the other side?
In a forecast of what his own judiciary would look like, Biden opposed Bork not because he lacked the legal credentials to be on the court – Bork was considered one of the leading legal scholars in the country – but because Bork didn’t conform to Biden’s view of a good judge as a leftwing legislator from the bench.
Biden lectured Bork: “Will we retreat from our tradition of progress or will we move forward, continuing to expand and envelop the rights of individuals in a changing world which is bound to have an impact upon those individuals’ sense of who they are and what they can do?…In passing on this nomination to the Supreme Court, we must also pass judgment on whether or not your particular philosophy is an appropriate one at this time in history.”