What Judge Bork Should Have Said (original) (raw)

This is the text of a speech delivered at the University of Connecticut Law School on September 26, 1990 as part of the Day, Berry & Howard Visiting Scholar Program. I am grateful to the students and faculty there for their extraordinary kindness and hospitality on that occasion. The reader is asked to make allowances for the informality that characterizes an essay originally written for the lecture format. Some of the ideas found in the second half of this essay also appear in Sunstein, Constitutional Polities and the Conservative Court, I THE AMERiCAN PROSPECT 51 (1990).