The revival of the myth of a victimized Bork and Thomas is back in the light. Too bad. Thomas is hardly a victim; he did commit perjury to get his job. Bork, at least, was truthful. Was he fit for the job? In some respects, assuredly so. In others, doubtful. History matters, for and against. His abilities and views got him quite far (together with a great deal of luck). But there is no reason he should not carry the risks that come with it. Bork chose against justice, preferred Nixon to the rule of law. I don't see why such a choice should be immune from later criticism, or be taken as fair indication that Bork would not choose law when on the Court. This is no different than the fact that a multitude of great minds and lawyers will never be considered for the post -- because their politics are in the wrong column.
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