Tuesday, March 30, 2021

First Paragraph

When Robert Bork was nominated for the U.S. Supreme Court, one of his former colleagues at Yale explained why the Senate shouldn't worry about Bork's somewhat intemperate scholarship. Since becoming a judge, the colleague explained, Bork had changed his reasoning style. Then came the zinger: This eminent professor testified that Bork's "abandonment of his slashing and extreme style in favor of a judicious incremental approach to thinking about the law . . . disqualifies him for a reappointment at Yale Law School." Apparently, only extremists make good legal academics. Reason, moderation, and common sense may be positive traits in a judge, but nowadays they are fatal flaws in a legal scholar.

- From Beyond All Reason: The Radical Assault on Truth in American Law by Daniel A. Farber and Suzanna Sherry

No comments: