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Romney poses greatest danger to the Supreme Court

Earl Ofari Hutchinson | 9/5/2012, 7:55 a.m.

Bork would have no fear that as a justice he would ever be out of lockstep with Romney on the compelling issues. A Bork ideologically cloned judge on the High Court would believe that the assault on racial discrimination poses a “dilemma.” He or she would rail against the politics of sex, calling it a “radical feminist’s assault on American culture.”

He or she would be apoplectic that the Supreme Court is an agent of modern liberalism. He or she would see religious trouble in not upholding school prayer in public schools. He or she would make a strong case for censorship even to the point of loudly proclaiming that America’s only hope is “perhaps in administering censorship of the vilest aspects of our popular culture.”

He or she would enthusiastically agree that once homosexuality is defined as a constitutional right, there is nothing the states can do about it, nothing the people can do about it. These are all direct quotes from Bork’s talks and writings.

As a GOP Massachusetts governor in a rock solid Democratic state, Romney walked a thin tightrope. He had almost no chance of packing the benches in the state with his brand of tough, strict constructionist judges. His picks were relatively moderate and diverse.

But Romney gave two strong hints that would not be the case with the Supreme Court if he had unchecked authority to appoint whom he really wanted to the bench. He bluntly said that his pick for a spot on the Massachusetts Supreme Court would be a judge who had a “strict constructionist, judicial philosophy.”

The second hint was his appointment of Christopher Moore, an arch conservative, to chair his handpicked Judicial Nominating Commission. Moore’s job was to try and damp down the number of presumed liberal activist judges on Massachusetts state courts.

As President, Romney would have free rein to do just that. With Bork’s help, he poses the greatest danger to the Supreme Court.


Earl Ofari Hutchinson is an author and political analyst.