Remembering Bork’s Failed Nomination

Last Sunday was the 24th anniversary of the day when Robert Bork’s nomination was voted down by the Senate. Much has been written about this moment in history and its effects on the confirmation process by very thoughtful people. The debate belies easy answers. Not so for Joe Nocera. 

In a short piece, Nocera sought to put the debate to rest. Where did the confirmation ugliness that we presently see begin? To Nocera, it began with the relentless attacks by Democratic Senators and interest groups on Judge Bork. As a result, “[t]he next time a liberal asks why Republicans are so intransigent, you might suggest that the answer lies in the mirror.” 

I’ll say this: the piece piqued my interest. 

Inflating Elena Kagan

In recent days, Robert Bork announced his intention to publicly oppose Elena Kagan's nomination to the Supreme Court.  Just this morning, The Times reported on the growing  grade inflation taking hold in our nation's law schools.  These stories have much in common.  I can think of at least two commonalities.

First, they both make sense.  On Kagan, it is clear that this is the time when critics of the nomination must do whatever they can to derail it.  Needless to say, this is a complicated calculation; to derail this nomination is not to say that Obama would appoint somebody better the second time around.  In fact, he might decide to do exactly the opposite, just as President Bush did with the appointment of Justice Alito.  The Kennedy nomination is also instructive.  

Grade inflation is also quite rational.  It makes sense to keep up with the market, especially if the end result will be a competition for jobs in a tight labor market.  Who would you rather hire: a student with a 3.0 grade point average from a good law school, or a student with a 3.5 gpa from a great law school?  I think the answer is clear.  Now, I understand that gpa's are artificial measures, which only serve to compare similarly situated students but not students across a larger spectrum.  This is why class rankings are the best way to compare students from different institutions.  But tell that to the recruiters.