General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf Robert Bork had been confirmed for the SCOTUS
The current court would be 5-4 in favor of the liberal wing. Obama would have replaced Bork. Yes Kennedy has been less radical than Bork would have been, but what major rulings would have been different if it was Bork instead of Kennedy.
Persisted
(290 posts)StevieM
(10,500 posts)Clinton did not appoint Ruth Bader Guinsberg to replace Byron White until 1993.
And when Sandra Day O'Connor retired in 2005, and was replaced with Samuel Alito, it would have been overturned again.
Of course, one it had been overturned Anthony Kennedy probably would not have been so quick to reinstate it.
Proud liberal 80
(4,167 posts)Thanks for the input. I was just looking at raw numbers and couldn't think of a major case that Kennedy was the swing vote on for the liberal side. Didn't even consider a case that could have been brought up like abortion
yardwork
(61,712 posts)dsc
(52,166 posts)Bork almost certainly would have left the court under Bush just like Oconner did.
Proud liberal 80
(4,167 posts)He seemed like a Scalia. Someone who was going to hold on until the end.
yardwork
(61,712 posts)Proud liberal 80
(4,167 posts)The Democrats had the majority in the Senate.