Staver: Bork would have helped overturn Roe v. Wade

Wednesday, December 19, 2012
Charlie Butts (

Liberty Counsel founder Mat Staver believes that if Robert Bork would have been confirmed to the U.S. Supreme Court in 1987, Roe v. Wade would have been overturned five years later.

Robert H. Bork, who stepped in to fire the Watergate prosecutor at Richard Nixon's behest and whose failed 1980s nomination to the Supreme Court helped draw the modern boundaries of cultural fights over abortion, civil rights and other issues, has died. He was 85.

Son Robert H. Bork Jr. confirmed the death Wednesday. His father had a long career in politics and the law that took him from respected academic to a totem of conservative grievance.

Bork was accused of being a partisan hatchet man for Nixon when he fired Watergate special prosecutor Archibald Cox in the Saturday Night Massacre of 1973.

Bork's drubbing during the 1987 Senate nomination hearings made him a hero to the right and a rallying cry for younger conservatives.

Liberty Counsel founder and chairman Mat Staver, tells OneNewsNow he is saddened by news of Bork's death.

Staver, Mat (Liberty Counsel)"Certainly it's a sadder moment when we think about the fact that he could be on the United States Supreme Court," says the Liberty Counsel founder. "He could have been a justice -- and had he been a justice we would have had a number of decisions go a different way. In fact, Roe v. Wade would have been overturned in 1992 -- but we still suffer from the tragedy of abortion."

Bork, he believes, will go down in history as an individual who not only "stood for principle" but also got the worst reception ever by a Senate Judiciary confirmation hearing.

"Joe Biden, now the vice president, was chair of that [Senate] committee," he recalls. "He and Senator Ted Kennedy gave him such a difficult time and were so mean to Judge Bork simply because he believed in the rule of law. The Constitution should be interpreted for what it actually said, not for how judges want to distort it -- and for that he was skewered."

He adds that had if Bork's nomination had been approved by that committee, things would be different today. "We would have a Constitution that we respect -- not one that is distorted by judges."

Bork had previously served on the DC Circuit Court of Appeals and as Solicitor General in the Nixon administration.

Associated Press contiributed to this story.

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