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Its a different approach. Or, We have three people that the Senator might want to hire. I think maybe Kennedy actually had a blurb on it. Kennedy indicated that he had done a kind of informal count of it and thered be a fight but that I could be confirmed, and Clinton just didnt want to take it on. But in fact you could argue that Stevens may not have had complete conversion but. I know we talked about the school prayer amendments. Im trying to remember all the different pieces that werent in place any longer. He was a research assistant and student of mine, and one of the best. What do you think his intention was in giving the speech? So theres a picture of me and my daughter Kerry standing there staring at it. Anyway, Kennedy had seen it. He would humor her in various ways and he would turn it into a source of some kind of family joke. Specter couldnt stand that. Let the family know you are thinking of them. I got right to the point. There are many observers who said it was just way too dangerous for him. I thought it was a sad thing that his views would replace someone with more nuanced views like OConnor, but I didnt see him as working a dramatic sea change. It was really the strength of two recommendations, yours and. None of them were. Theres no triangulation about him and never has been. But also I had written a whole treatise on constitutional law that was very widely cited, so I was a very large target. Bork really would have been the real article, all the things that were troublesome about Scalia, but even more. But I wasnt on the inside of that at all. Landline number. They were going to be cautious and thoughtful but they would, for all practical purposes, gut Roe v. Wade and leave in place things like Griswold, only because they were monuments that could no longer be toppled.
He had already obviously heard a lot of things about Borks views of various things. Now that you can see where hes coming from. Arrangements under the direction of Joseph G. Duffy, Brooklyn, NY. About providing, allowing low-income familiesI think we had seen that written someplace. The FBI [Federal Bureau of Investigation] showed up at my office at the law school at Harvard to grill me on who put me up to writing this memorandum about Mildred Lillie. Apparently the search wasnt as exhaustive as it had been for previous nominees, and there was enough to give Kennedy pause, in a line that I think was reiterated when [Robert] Byrd changed his view on Clarence Thomas, which is, If there is doubt, the benefit of the doubt has to go to the country, not to the nominee, who was already in a place where there is a lifetime appointment. Pushing against the grain of family is a hard thing for him, and certainly his mother and his sister. Partly because of the opinion he had written about gays in the Navy, in whatever the context was. In the end, what people didnt quite calculate, at least I certainly didnt, was that this was going to be a time when the country was going to take its own temperature on whether it thought a somewhat progressive Constitution was the right way to go and whether it was ready to roll it all back. Hes certainly become even more adept at building coalitions. And [Stephen] Stevie Smith, Jr., and a few others. It was really remarkable to watch the family tensions. He apparently did go to Rudman and let him know that he was going to vote against him, but he had great respect for Rudman. Carolyn Louise Andrew Cotner, 83, of Siler City, passed away Friday, March 31, 2023. I guess we should blend into Bork. We went through a process in which I played Bork and I answered questions that Biden put to me. I was being an advocate and you cant equate that with my own views. Talk about a man for the times. They were things about confirming [John] Tower, or filibusters on various people, but they were just very random requests. That would have been interesting, yes, but I was a kid at the time. In fact, he might never hear it, depending on his health. Alan Simpson used to say something in a number of public hearings. He didnt have a programmatic desire to dismantle decades of precedent. It was just so clear to me from the beginning that he had what it took, if anyone did, to turn back a period where the country had gone into a really dark phase. I guess I really lost the sense of possibility about it. There were people who wanted to do some of the legislation that resulted in equal access to schools for prayer, so that groups that wanted to pray would not be discriminated against, as compared with other groups who wanted to use school facilities after the school closing hours. But also he just somehowhis physical appearance, the Mephistophelian beard. Why were you not recommending a vote one way or the other? For example, on some issue like gay rightsI imagine but I dont know for sure that he had a harder time with that earlier and probably is much more comfortable with it now, but I simply extrapolate that from what I know of his character. Those three were odd. Kathleen could have been but shes taken herself out of consideration, even for the Ninth Circuit. Walter could have been but hes too old now. He pulled together a number of people: me and Cass Sunstein and Kathleen Sullivan and several others, to go down and have dinners with him, long, long dinners and conversations in McLean, where we would go over all of the issues in great detail. Then we talked about it. Do you have a sense that for Bork abortion really was a key issue in. But evidently he was very charming and if you knew him you would tend to like him. Cass is quite conservative and minimalist. Ms. Kreye, for some reason, you came into my thoughts today. I knew from Gordon Schaber that Kennedy had some gay friends in Sacramento, that he didnt ostracize them, that he thought they were perfectly normal people. Beloved wife of Louis O. Freire, Jr. Loving mother of Judith Ann Buffone. Yet, in that sense, this is what it should be. Things change over time. He just was a bad witness and he couched his answers in ways that were more frightening than reassuring. I was very much involved in advising him on constitutional authority and constitutional limits. Oh, I think he wanted to galvanize people. Being on the Court would have been great, but it really would have been a dissenting role so much of the time. I said, I just dont want to say, but I want to meet with him. Except, I didnt know that it would take him as long to become moderate-to-liberal as it did. He wasnt sure about Souters core constitutional values. Age: 83 years old. She spent her childhood and adulthood in Clinton, where she Did you consult with Kennedy at all on Thomas? He would have scripted questions, and when he was questioning someone who was essentially an adversary, someone that he really thought was a bad guy who needed to be put down, he would sometimes go for the jugular and follow-up spontaneously. Somehow in that process there was a national temperature-taking and the country said, Wait a minute, thats notNo. Born on April 13, 1936 in Hoffman, IL, Carolyn was the eldest daughter of Eugene and Verna Hohman and grew up in a loving family with three siblings. Well, with Bork then, do you think that the process got shifted somewhat?

Or are there any qualities that he would view in a nominee that are disqualifying? I have seen and read that you made a better Bork in the mock hearings than Bork made for himself when he testified. I thought, having read Borks article in the Indiana Law Review about free speech, and a few other things, that giving Bork a lot of rope and letting him hang himself was the best approach. When it got into the actual hearings, did they have different roles there? He may have grown. WebJanuary 4, 1940 March 31, 2023. It basically said, We like your shining city on a hill, were happy to fight the Soviet Union and maybe even have some weird Star Wars program, and we like the Morning in America, but we dont like taking away the safety nets or the constitutional safety nets.

Show your support Send Flowers Comfort the family with flowers or a sympathy gift. He was just his own worst enemy. Did you have any influence on Kennedys decision to back Obama, which was very instrumental? Hes been considerably more liberal and moderate than the people who were very nervous about him expected. No, because one would have wanted more nuance. I think youre right to have translated it into privacy. No, but hes just become much more effective. And oddly, I thought from the beginningthis is an odd prediction but I kept making it quite publicly to my law studentsthat he was going to be the decisive vote in overruling Bowers v. Hardwick, which is a case that I lost, arguing on behalf of gays back in 1986 when Powell was the decisive vote. Because I played as prominent a role as I did. I cant say that Ive observed it myself over time. Because Biden knew that Kennedy was doing that, Biden as chair at that point knew he needed to go through at least as elaborate a process, and so it became even more elaborate. In the case of Roberts, he was so affable and polished and smooth about presenting himself that it didnt really produce any vivid recognition of how much his views were just about as dangerous as those of Scalia or Bork, to the values that at least those people cared about. So we get through Bork. I dont know whether Mike Deaver and others were deeply enough involved. Carolyn was born on I dont think it was so much abortion. I think he was galvanizing them much more than they were galvanizing him. You raise an interesting point, and that is, Who is being replaced at what stage? Marital status. People didnt quite know him. What I said gave him kind of an intellectual armature within which to fit it.

What do you think really sunk it? Bob Shrum certainly is the best. Do Not Sell or Share My Personal Information. Do you feel that he has a coherent judicial philosophy? Thats very interesting, yes. I had met him when I was clerking for Potter Stewart in the Supreme Court. Yes, I do think so. And so I thought from the beginning that he was a person with a sufficiently open mind. I guess I confirmed the sense that both Kennedy and Biden and a few others had that that was the case, but I didnt get on any ramparts or testify against either of them. He did it well and he was well prepped, and he often had reasonably good follow-up questions, but that wasnt his greatest skill and that wasnt where he was at his best. I dont think it was inevitable until JuneWhat was it? There must have been a lot of that all along, because hes the same guy and its the same country. Nor did we have any inkling at that point that the economy was going to implode. Roberts is actually quite a bit worse on matters of race. Almost everybody thinks that if a nominee believes Brown v. Board was wrong, thats out of the question. There were several things of that sort that I did advise on. They said, What about? She was born in It was Rust v. Sullivan, the abortion counseling gag order case, where he had replaced Brennan and where Im sure that several years later he would have seen that as unconstitutional, but, when the case reached him, he didnt.