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Why Common Cause Opposed the Bork Nomination

When President Reagan announced on July 1 his nomination of Judge Robert Bork of the U.S. Court of Appeals to replace Justice Lewis Powell on the Supreme Court, the quick response from a wide array of interest groups, senators, and administration officials signaled that the confirmation would be a hard fought battle of competing ideologies. The controversy surrounding Bork came as no surprise, as court appointments at all levels by the Reagan administration have demonstrated what some call an "ideological litmus test" to determine the fitness of candidates for the bench. In fact, the administration has made it very clear that it wants to leave office with the legacy of a strong, conservative federal judiciary (over 40% of whom will have been Reagan appointees by the end of his second term). The inclusion of Bork on