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St. Louis Post-Dispatch from St. Louis, Missouri • Page 4

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St. Louis, Missouri
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4
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BEST COPY AVAILABLE 4A NationWorld ST. LOUIS POST-DISPATCH July 5, 1987 Bork Reagan Pressing For Quick Vote On Bork ing," Heflin said on Cable News Network's "Newsmaker Saturday" program. Heflin, a conservative, has often supported the administration's judicial nominees. He is considered a key swing vote on the judiciary panel, where Democrats hold an 8-6 edge. Hearings on Bork's nomination could take more than a month.

They probably will not begin until September because the Senate will be in recess next month, according to Senate staff members. The administration's strategy, reflected in Reagan's statements, is to portray opposition to Bork's judicial philosophy as being a step toward improper politicization of the judiciary. Opponents of the nomination counter by saying that Reagan is seeking to put his political stamp on the Supreme Court by nominating Bork, a conservative, to replace the more moderate Justice I A ill Lewis F. Powell Jr. Opponents have already begun a campaign to defeat Bork, a campaign that has few parallels In the annuls of court nomination buttles.

The campaign will focun on Uork'g criticism of key Supreme Court decisions on such Issue us abortion and civil rightn. Most opposition to Ilork It expected to come from Oemocruts, who control the Senate by a 54-40 margin. But at least one Republican senator, Bob Parkwood of Oregon, has announced his Intention to "do everything I could to lead the opposition" because of Dork's views on the court's 1973 abortion decision, Roe vs. Wade. I'ackwood, one of the leading Senate supporters of abortion rights, made that pledge Friday In Eugene, Ore.

In 1981, Bork called the Roe vs. Wade decision, which eliminated state laws banning abortions, an "unconstitutional decision" and a civil rights bill to bar hotels, restaurants and other businesses serving the public from refusing to serve blacks. And he has been criticized by opponents of abortion for saying that if Congress enacted a law declaring a human embryo as a person from the moment of conception, the law would be unconstitutional. At the same time, he has also made it clear that he thinks the landmark Roe vs. Wade decision of the Supreme Court in 1973 was similarly flawed, and he has established a reputation for keeping out of court many cases that had the potential for expanding civil rights for some minorities.

Bork also has demonstrated both a self-deprecating wit and an easy assumption of the Olympian air traditionally associated with Supreme Court justices. ST. LOUIS Founded by JOSEPH PULITZER. Dac. 12.

1878 Published daity by the Pulitzer Publishing Co. Second Class postage paid at St- Louis. MO MEMBER OF THE ASSOCIATED PRESS and AUDIT BUREAU OF CIRCULATIONS. The Associated Press is entitled exclusively to the use for republication of all the local news printed in this newspaper as well as all Associated Press news dispatches. SUGGESTED HOME DELIVERY RATES Daily $6.50 a month Sunday $4.35 a month Daily Sunday $10.85 a month BY MAIL (Payable in advance) MISSOURI, ILLINOIS and ARKANSAS (where dealer service is not available) Daily and Sunday, one year $120.00 Daily only, one year $72.00 Sunday only, one year $48.00 ALL OTHER STATES APO AND FPO ADDRESSES Daily and Sunday, one year $168.00 Daily only, one year $106.00 Sunday only, one year $60.00 Please remit by check or money order.

From page one spent much of his adult life in the tall towers of the Ivy League, where, as one fellow law professor put it, he has "had plenty of time to think about the fundamental constitutional issues and formulate the conservative theories that now cause him such public trouble. He's been in private law practice, served as an appellate court judge in Washington, and sometimes exhibited a restless spirit in search of more exciting challenges. He's credited with an eclectic taste in friends, including some liberals, and an ability to get along with people of disparate backgrounds. was raised as a Protestant, his first wife was Jewish and now he's married to a former Catholic nun," one friend said. "That tells you something about him.

He gets along with a wide spectrum of people." He even wanted, once upon a time, vtp be a journalist. In two stints as a professor at Yale law school, Bork had the opportunity to touch the young minds of some of the senators who will now pass judgment on his nomination to the Supreme Court. One of those on whom he made a distinctly favorable impression was Sen. John C. Dan-forth, R-Mo.

Even today nearly 25 years after sitting in Bork's class on antitrust law Danforth said recently, he can icfose his eyes and see "indelibly im-Jjpirinted" in his memory the figure of jBork standing in front of the class. 7 Danforth, like others, characterizes B.ork the teacher as a kind of intellectual agent provocateur among his less Jjcinservative students at Yale. Bork was obviously more conserva-Jtive than most of the students at Yale, arjenforth recalled, and his lectures ijttiided to a prodding style intended to provoke thought and argument. He uwould present issues, Danforth said, J53n a stimulating way." "Clearly, he must have been a good Steadier because I remember some antitrust law," Danforth said in a icomplimentary jest. Former presidential counsel Lloyd utler, a supporter of Bork's described Bork's teaching Jstjfe as "the Socratic method asking a question and destroying the answers until you bring the class around to your point of view." As a personality, Bork is appealing, self-effacing and given more to wit than anecdotal jokes.

"It's not Ronald Reagan humor," as Cutler put it. -3utler, noting Bork's tendency to bulk and apparent disdain for the fitness fad, added, dryly: "He's not in training. He's not a jogger. And he's Still, a cigarette smoker, despite his rationality in other respects." Bork also "loves to play poker," said Cutler, although "opinions vary" 1987, Los Angeles Times WASHINGTON President Ronald Reagan stepped up the pressure Saturday for quick confirmation of his Supreme Court nominee, Robert H. Bork, but a key member of the Senate Judiciary Committee predicted that a vote on Bork might not take place until Thanksgiving.

In Reagan's weekly radio address, he praised Bork as a "brilliant legal scholar and a fair-minded jurist who believes his role is to interpret the law, not make it." He urged the Senate to "keep politics out of the confirmation process and promptly schedule hearings." Bu' Sen. Howell Heflin, said that the court would probably begin its new term in October with one vacancy. "I think he could either be confirmed or rejected if it goes to the full Senate by, perhaps, maybe Nov. 1, or maybe even Thanksgiv Bork even distributed leaflets on a Chicago street corner. Judge Abner J.

Mikva, one of Bork's close friends since law school and a liberal colleague on the appellate bench in Washington, profoundly disagrees with many of Bork's ideological tenets. And he has been known to joke frequently that the Marines made Bork a conservative. But by Bork's own telling, his first flirtation with conservative thought and politics came at the Chicago law school, where the dominant legal thinkers sought to apply free-market economic principles to antitrust law. There, Bork met free-market economist Aaron Director, brother-in-law of conservative economist Milton Friedman. Bork has described Director as one of the most influential shapers of his intellectual development.

After law school, Bork practiced law but left after confiding to his wife that he wanted "something more intellectually challenging in the sense of large ideas." Bork seemed to find at least the larger outline of his calling at Yale University, where he taught from 1962 to 1973 and again from 1977 to 1981. At Yale, his conversion to conservatism was completed by the late professor and legal scholar Alexander Bickel. From Bickel, Bork got an "almost deathbed instruction," as presidential counsel Cutler put it, in the legal theories of judicial restraint. Bickel, with whom Bork became close friends, was considered the great mind of his generation on the issue, and Bork is seen as the successor to Bickel's mantle. In a break from his Yale career, Bork served from 1973 to.

1977 as solicitor general, the nation's top litiga Robert H. Bork "A wide spectrum of people" on how good he is. Born on March 1, 1927, in Pittsburgh, Bork is of German ancestry. He comes from a long tradition of farming in Pennsylvania, although his father was a purchasing agent for a steel company. He spent three years in public school, where he tried out for football until he discovered he had a better chance of making "the first team in debate," he told The Washington Post.

He graduated from Hotchkiss a prestigious prep school in Connecticut in 1944 and spent a few months at the University of Pittsburgh while waiting to be called up as a Marine reservist. He served in the Marine Corps where his hair earned him the nickname "Red" from 1945 to 1946, and again from 1950 to 1952 in the call-up for the Korean War. Bork was the editor of his high school newspaper and has said that his first ambition was to become a journalist. He accuses Columbia University of thwarting that career by not accepting his undergraduate degree from the University of Chicago. "So that ended my journalistic career and I went to law school," Bork has said, though he admits to later unfruitful talks with Fortune magazine editors about reviving the dream.

Bork is now considered the pre-eminent architect of the conservative legal theories of judicial restraint and strict constructionist interpretations of the Constitution. But his original political leanings were decidedly further to the left. A boyhood hero, he has said, was Eugene V. Debs, a labor leader and Socialist presidential candidate. He cast his first presidential vote in 1952 for Adlai E.

Stevenson, a liberal Democrat for whom the young tor, an unfortunate bit of timing that has come back to haunt him. Those were the Watergate years and Bork became known outside legal services chiefly as the man who fired Archibald Cox in the power struggle with then-President Richard M. Nixon that became known as the "Saturday Night Massacre." Some of the other key figures in the incident, who had opposed Cox's firing, have since relieved Bork of blame, but his role is being unflatteringly revived in the face of his Supreme Court nomination. Bork left Yale for the last time in 1981 shortly after the death of his first wife, Claire Davidson once again in search of a change in "environment." He practiced law in Washington, gave speeches at conservative think tanks, wrote articles and met Mary Ellen Pohl, a former nun, to whom he is now married. Bork is the father of three grown children.

In 1982, he was appointed by Reagan to the U.S. Court of Appeals for the District of Columbia. BuC apparently restless for intellectual challenges again, he is reported to have been sometimes frustrated with the often arcane, highly technical cases that come to what Bork considers a seriously overloaded appellate court. Friends know that Bork's constructionist views on such issues as abortion and social advancement for minorities will cause him trouble in the Senate. But they insist that he has a sense of integrity about his legal interpretations and a flexibility of mind that allows him to admit when he's been wrong and to resist a label as a knee-jerk ideologue.

He has, they point out, repudiated his denunciation in 1963 of a major "wholly unjustifiable judicial usurpation of state legislative authority." But he has not said whether he would vote to reverse the decision now that it has been on the books for more than a decade. The National Abortion Rights Action League plans to make work on a strategy for defeating Bork the major topic of its annual meeting, the group's spokesman said. The meeting will be held this week in Washington. Similarly, Benjamin Hooks, executive director of the National Association for the Advancement of Colored People, said that his group, the nation's oldest civil rights organization, would "especially focus on defeating Bork" at its annual meeting, which will begin in New York on Sunday. Putting Bork on the court "would in effect wipe out all of our gains of the past 30 years," Hooks said.

And In Washington, where the nine members of the Supreme Court are almost the only government officials who do not joust with the press corps, he maintained a strict justicelike silence when he appeared last week in the White House press room with Reagan to the point, as one veteran journalist querulously put it, of "not even saying thank you" after his introduction. But he has never been shy about expressing opinions. He spent his senior year in high school, he has said, "reading books and arguing with people." And once, in what could be an omen if he's confirmed for the Supreme Court, he kept his first wife up all night, arguing an esoteric legal theory called "vertical integration." POST DISPATCH 900 N. Tucker Blvd. 63101, (USPS: 476-580) (314) 622-7000 TO START HOME DELIVERY OR FOR CIRCULATION CUSTOMER SERVICE 622-7111 TO PLACE A CLASSIFIED AD 621-6666 TOLL FREE FROM ANY STATE EXCEPT ALASKA 1-800-231-1991 Calendar City EditorNewsroom 622-7044 or 7521 622-7096 or 7097 622-7553 622-7530 622-7378 622-7475 622-7237 622-7250 622-7330 622-7597 622-7013 DollarsSense Everyday Newspapers in Education Personnel Dept.

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Pages Available:
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