The Tempting of America

The Tempting of America presents Robert H. Bork's perspective on constitutional law and his experience as a Supreme Court nominee in 1987. Bork examines key constitutional debates and court decisions throughout American history. The book chronicles the rise of what Bork terms "political judging" - the interpretation of the Constitution based on desired outcomes rather than original understanding. He analyzes landmark cases and doctrinal developments across areas like privacy rights, free speech, and civil rights. Bork provides an insider's account of his controversial Supreme Court nomination process and the intense political battle that followed. The narrative incorporates both personal reflection and legal analysis. At its core, the work argues for judicial restraint and originalist constitutional interpretation, while warning against the dangers of allowing courts to become vehicles for social and political change. The text serves as both a constitutional law treatise and a manifesto for traditional judicial philosophy.

Readers describe the book as a detailed defense of originalist constitutional interpretation from Bork's perspective. Multiple reviewers note it provides both a philosophical framework and specific case examples. Readers appreciate: - Clear explanations of complex legal concepts - Historical context for major Supreme Court decisions - Personal insights into Bork's confirmation battle - Logical arguments against judicial activism Common criticisms: - Can be dry and academic in tone - Some sections repeat arguments - Perceived bias in analysis of liberal court decisions - Limited acknowledgment of opposing viewpoints Ratings: Amazon: 4.6/5 (108 reviews) Goodreads: 4.0/5 (156 ratings) Sample review quotes: "Explains constitutional interpretation in a way non-lawyers can understand" - Amazon reviewer "Too defensive about his nomination fight" - Goodreads reviewer "Makes a strong case but dismisses valid counterarguments" - Goodreads reviewer

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🔹 Robert Bork's nomination to the Supreme Court in 1987 was so contentious that his name became a verb - "to bork" means to systematically attack a nominee's reputation to prevent confirmation 🔹 The book was written in 1990 as Bork's response to what he saw as unfair treatment during his Supreme Court confirmation hearings, which ended in his rejection by the largest margin in Senate history 🔹 Before his controversial nomination, Bork served as Solicitor General and carried out President Nixon's orders during the "Saturday Night Massacre" by firing special prosecutor Archibald Cox 🔹 The book presents one of the most comprehensive arguments for originalism - the legal theory that the Constitution should be interpreted based on its original meaning at the time it was ratified 🔹 Despite his failed nomination, Bork's ideas about constitutional interpretation continue to influence conservative legal thought, with current Supreme Court Justice Amy Coney Barrett citing him as an influence