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Supreme Omissions

Reported by Nancy - June 28, 2005 -

Yesterday (6/27) on Dayside, Linda Vester conducted a brief segment on the final day of the current session of the Supreme Court. Her guest was former Federal Judge Robert Bork.

Comment: To give a little background, Bork was Solicitor General under President Richard Nixon during the 1970's and is known for his role in the "Saturday Night Massacre". When Nixon ordered Attorney General Elliot Richardson to fire Special Prosecutor Archibald Cox (that was getting a little too close for Nixon's liking), Richardson refused and resigned. So did his deputy AG, William Ruckelshaus. Nixon then appointed Bork as acting Attorney General. Bork carried out Nixon's order to fire Cox, then resumed his dutires as Solicitor General. Under President Reagan, Bork was nominated to the Supreme Court, but was rejected by the Senate. Bork is the author of many books, including "Slouching Towards Gomorrah", in which he issues a scathing attack on feminism and states:

"Because of the political strength of the feminist movement, women are assigned jobs close to combat and, in some cases, placed in combat roles. The result is certain to be additional lost lives - of men as well as women and perhaps lost battles."

Vester began the conversation:

LV: "Do you agree with both decisions?"

RB: "No, as a matter of fact the courts religious jurisprudence has gotten way out of hand. Historical scholarship shows beyond a shadow of doubt that the only thing that was banned was the establishment of religion, not the use of religious symbols in public places. But the court continues along the line that it started several decades ago, and it's quite a mistake."

LV: "So why do you think there is such concern among some of those justices about displaying the Ten Commandments? Where's the fear?"

RB: "Well, you know, it's a long story but the fact is that the court reflects elitist attitudes of this country and elitist attitudes are really quite hostile to religion and it's public manifestations."

Vester turns to the audience to ask if they feel the Ten Commandments should be displayed on courthouse grounds, and the audience responded with a loud, resounding "Yes".

LV: "So, this is a unanimous crowd, and we don't always get a unanimous crowd in the studio, but today it happens to be. So why do you think that part of the bench is so out of touch, you know, for instance with this group?"

RB: "You're asking me that questions? Well, the fact is six members of the court lean to the liberal side and four of them are very hard to the liberal side, that group has always been hostile to public displays of religion, and it's still true."

Comments: Vester asked her audience their opinion on whether it is ok to place the Ten Commandments in court houses and received a unanimous yes. She then asked Bork why the justices are so out of touch with the
"this group". She added the words "this group" in a very quick and quiet manner, leading the viewer to believe that the Justices are out of touch with not just this group, but Americans in general. Bork's response claimed that the attack on religion is being led by liberals, and that it is six of the judges, those he feels are liberals, that are to blame. What neither Bork nor Vester mentioned is that seven of the nine justices currently serving were nominated by Republicans, and are actually conservatives. By this count, three of the fives judges that voted in the majority opinion today are actually conservatives. Neither Vester nor Bork mentioned this fact either, since it would hurt the argument that Fox, Bork, and the Republican Party are making, that it is liberals that hate and want to do away with religion. The conversation continued, and the facts were never corrected to inform the viewers of the truth.

Reported by Janie