cover image Matters of Principle: An Insider's Account of America's Rejection of Robert Bork's Nomination to the Supreme Court

Matters of Principle: An Insider's Account of America's Rejection of Robert Bork's Nomination to the Supreme Court

Mark Gitenstein. Simon & Schuster, $22.5 (0pp) ISBN 978-0-671-67424-3

Gitenstein, formerly chief counsel to the Senate Judiciary Committee, was intimately involved in the effort to defeat Robert Bork's nomination to the Supreme Court. In this engrossing, incisive, fast-moving account, he argues that American lawmakers made a principled, momentous decision in rejecting Bork's judicial philosophy, which holds that rights not explicitly written into the Constitution do not warrant protection by federal laws. In Gitenstein's view, Bork's sponsor, President Reagan, pusillanimously stood on the sidelines, turning over the pro-Bork campaign to Sen. Howard Baker and the Washington Republican establishment. Bork was repackaged as a moderate, he notes, but the press and the public were not deceived. He contends that the Bork battle preserved the legacy of the Warren Court by upholding the right to privacy, the status of fundamental yet unenumerated rights and an expansive notion of liberty. An inspiring and important book. (Oct.)