By Jeff Greenfield
Robert Bork, who died today, will be best-remembered for two things: First, he was the solicitor general who, the night of the 1973 "Saturday NIght Massacre", obeyed Richard Nixon's directive to fire Archibald Cox, the Watergate special prosecutor, when Attorney General Eliot Richardson refused to do so. Second, he was rejected by the Senate after President Ronald Reagan nominated him to the Supreme Court; the Democratic majority considered his constitutional views to be outside the mainstream.
I have another memory: He was a professor at the Yale Law School. In that capacity, he was as bracing a figure as a student could hope to find.
Without question Bork was out of the mainstream of the Yale Law School in the mid-1960s, when I was a student there. He was possibly the only member of the faculty to support Barry Goldwater for president. But that made him exactly the right person to teach, and to challenge, the assumptions of an overwhelmingly liberal group of students. I still remember the last question he posed to his first year constitutional law class: "Write a dissenting opinion in Brown v. Board of Education,” the Court's 1954 opinion that outlawed racial segregation in public schools.
Was this evidence of Bork's Neanderthal views on civil rights? I thought (and still think) otherwise. He was asking students to wrestle with legal concepts on which the opinion itself--which was unanimous--cast no light. He was asking us to go beyond our own convictions, and to think imaginatively. And yes, I'm sure there was an element of puckishness as well.
That same spirit was on display in a seminar Bork conducted, along with another legendary Yale law professor, Alexander Bickel. We spent weeks arguing--or, rather, listening to Bork and Bickel argue--about a single hypothetical case. A group of passengers flee a sinking ship for a lifeboat on which there is one passenger too many. A very wealthy passenger offers a deal to an impoverished crew member: Give up your seat to me and I will ensure your family financial security for generations. The question: Should American courts allow that contract to be enforced?
In the years after his Supreme Court rejection, Bork became a dyspeptic, partisan figure. On this day, I choose to remember him as a teacher who succeeded in the single most important job: He taught us how to think.
A memory of Robert Bork: A bracing, imaginative teacher
Yahoo! News – Wed, Dec 19, 2012Explore Related Content
- I-5 bridge collapse survivor: 'You hold on'2 hrs 24 mins ago
- Blasts, shooting in center of Afghan capital17 mins ago
- Bird flu strain may spread from human to human1 hr 57 mins ago
- Exiled cleric who taught UK knifeman praises 'courage'1 hr 56 mins ago
- No Wonder Republican Criticism of Obama Isn’t Working
Henny Youngman, the late borscht belt comedian, told hundreds of politically incorrect jokes. One of them was his response when asked, “How’s your wife?” “Compared to what?” he’d say.
- John McCain Is the Latest Senior Senator to Have Had Enough of Junior Ted Cruz
For two days John McCain and Ted Cruz have been fighting on the Senate floor over the rules for negotiating a budget, but, like so many fights, it's also about so much more. Cruz is being annoying about the budget, but worse, he just doesn't get the Senate.
- Wedding Thank-You Note Fails To Deliver Intended Message
DEAR ABBY: My husband and I attended the wedding of the son of some old friends in another state. Rather than buy the young couple a gift, we instead gave them a check for $1,000. Imagine our astonishment when a month later the following arrived in our mailbox:"Dear 'Loretta' and 'Evan,'"Thank you for the generous donation. We really enjoyed spending that money. If ever you feel like you have too much of it, we would gladly take it off your hands."Love, 'Mason' and 'Candace'"Abby, my husband and I have worked hard for many years in our business and have been blessed by the Lord. ...
- Actress Amanda Bynes arrested after allegedly tossing bong out window
By Chris Francescani NEW YORK (Reuters) - U.S. actress Amanda Bynes was arrested in New York City on Thursday after she allegedly threw a bong out the window of a midtown Manhattan apartment building, a police official said. New York police received a call on Thursday night from an employee at the 47th Street high-rise building where Bynes lives, said NYPD spokesman Detective Brian Sessa. The employee reported that someone was smoking marijuana in the lobby. When police arrived, they were directed to Bynes' apartment, where the actress invited police in, Sessa said. ...
- Sadly, you are uglier than you think
At least according to one new study
- Cycling-Road-Giro d'Italia points classification after stage 18
May 23 (Infostrada Sports) - Points Classification Giro d'Italia after Stage 18 on Thursday 1. Mark Cavendish (Britain / Omega Pharma - Quick-Step) 113 2. Cadel Evans (Australia / BMC Racing) 109 3. Vincenzo Nibali (Italy / Astana) 103 4. Carlos Betancur (Colombia / AG2R) 94 5. Mauro Santambrogio (Italy / Vini Fantini) 89 6. Giovanni Visconti (Italy / Movistar) 86 7. Rigoberto Uran (Colombia / Team Sky) 86 8. Elia Viviani (Italy / Cannondale) 72 9. Ramunas Navardauskas (Lithuania / Garmin) 65 10. Giacomo Nizzolo (Italy / RadioShack) 61
- Dog Found Standing Guard Over a Tornado Victim Reunited With Her Owner
There's a happy ending to the story of a dog, found alive in the rubble after a massive tornado devastated Moore, Oklahoma: she's been reunited with her owner.
- WHEN DID WE VOTE TO BECOME MEXICO?
At first I thought the IRS scandal was leaked to distract from the Benghazi scandal. But that didn't make sense because the IRS scandal is a more obvious abuse of power than the White House lying about the murder of four Americans in Libya.Before I had resolved which scandal was distracting from which, we found out the Department of Justice was spying on The Associated Press -- not to protect national security, but to prevent the AP from scooping the White House. Then, this week, it broke that the Department of Justice was also spying on Fox News for reasons that remain unexplained. ...
Today on Yahoo!
Most Popular
Follow Yahoo! News

Join our circle on Google Plus
Become a fan of our G+ page for the most intriguing stories of the day. More »
plus.google.com

Follow @ Yahoo! News on Twitter
The official account of Yahoo! News. 100% feed-free tweets by news fans for news fans! More »
twitter.com
