Scope and Content Note
The papers of Robert Heron Bork (1927-2012) span the years 1798-2012, with the bulk of material dating from 1973 to 2003. The collection documents Bork's career as a lawyer, educator, legal scholar, federal appeals court judge, and his unsuccessful nomination to the Supreme Court. The collection consists of three parts with crossover among some topics and time periods in all parts. Part I focuses mainly on Bork's career prior to 1982 as an educator, a lawyer in private practice, and solicitor general. Part II makes up the bulk of the collection and pertains chiefly to Bork's judicial career, his endeavors as an attorney and legal consultant, his activities and interests as a scholar with the American Enterprise Institute for Public Policy Research, and his nomination to the Supreme Court. Part III focuses on Bork's later career, specifically as a legal consultant in antitrust cases, and as a speaker and writer on topics related to conservatism. The collection is in English.
Part I
Part I of the Bork Papers spans the years 1924-1987, with the bulk of material produced during the period from 1962 to 1982. Part I is arranged into six series: Correspondence, Speeches and Writings, Subject File, Legal File, Classified, and Oversize.
The Correspondence file includes letters, memoranda, telegrams, and attachments exchanged between Bork and his professional colleagues and friends. The Speeches and Writings series includes speeches, drafts of published and unpublished writings, research notes, and classroom lecture notes on a variety of legal, social, and political topics, particularly antitrust law, the role of the Supreme Court, and the Watergate Affair. The Subject File contains material that documents Bork's association with Yale University, the Justice Department, and the American Enterprise Institute for Public Policy Research, as well as his professional interest in or involvement with Alexander M. Bickel, the Freedom of Information Act, legislative encroachments, the Supreme Court, and Watergate. The Legal File documents court cases argued by Bork before various tribunals and consultation projects that he undertook as a legal advisor. Included in the Legal File are correspondence, memoranda, research notes, legal briefs, and court opinions. Papers of Bork's tenure with the United States Court of Appeals are not included in Part I.
Part I of the papers is particularly noteworthy for its documentation of Bork's tenure as Richard M. Nixon's solicitor general, 1973-1977, as a law professor at Yale University, 1962-1973 and 1977-1981, and as a scholar with the American Enterprise Institute for Public Policy Research, 1977-1982. Files documenting his association with the Justice Department appear to be incomplete, but they do include correspondence, copies of internal Justice Department reports, and extensive newspaper and magazine articles concerning the Watergate Affair and Bork's firing of special prosecutor Archibald Cox.
Bork's teaching career at Yale University Law School is represented by research notes, classroom lecture notes, tests, correspondence, and personnel records. Bork was a recognized scholar of the United States Supreme Court, particularly its functional role in a capitalist society. Part I documents his unsuccessful nomination to the Supreme Court in 1987, and his views of the court are reflected in correspondence, speeches, and writings produced during his affiliation with the American Enterprise Institute.
Correspondents include William J. Baroody, Alexander M. Bickel, James H. Billington, Hammond E. Chaffetz, Charles W. Colson, Edward De Grazia, Milton Friedman, Barry M. Goldwater, Alexander Meigs Haig, H. R. Haldeman, Howard G. Krane, Irving Kristol, Thomas B. Leary, Edward Hirsch Levi, Thurgood Marshall, Abner J. Mikva, Richard M. Nixon, Bernard J. Nussbaum, Benjamin H. Read, Donald H. Rivkin, Frederick M. Rowe, and Lawrence E. Walsh.
Part II
Part II of the Bork Papers spans the years 1798-2003 with the bulk of material dating from 1980 to 1999. Papers in this addition supplement Part I of the collection. The majority of the papers in Part II document Bork's tenure as a judge on the United States Court of Appeals for the District of Columbia Circuit, his work as an attorney and legal consultant, his unsuccessful nomination to the Supreme Court in 1987, and his long association with the American Enterprise Institute for Public Policy Research. The papers in Part II are organized into the following series: Correspondence, United States Court of Appeals File, Supreme Court Nomination File, Legal File, Subject File, Speech and Engagement File, Writings File, and Closed.
The Correspondence series, 1976-2003, documents Bork's activities and interests mainly during his tenure as a scholar and fellow with the American Enterprise Institute and his service as an appellate court judge. The correspondence is organized into four categories: chronological, general, transmission memoranda, and unanswered. The chronological correspondence comprises outgoing letters. Sometimes a copy of an incoming letter is included (the original is located in the general correspondence) with an outgoing response. Most of the chronological correspondence from 1982 until February 1988 pertains to Bork's duties as an appellate judge for the District of Columbia Circuit. Much of the chronological correspondence after early 1988 relates to Bork's speaking engagements and travel arrangements, teaching and writing projects, and his work as a legal consultant and attorney. Correspondence for the years 1995 and 1996 is missing from the chronological correspondence in Part II.
The general correspondence, consisting mainly of incoming letters, reflects the range of Bork's activities and associations primarily from 1982 to 1999, and includes letters from scholars, lawyers, judges, journalists, former and current United States government officials, directors of organizations and foundations, business executives, former students, family, and friends. Most of the general correspondence relates to proposals and requests about speaking and teaching invitations, writing projects, political causes and campaigns, social invitations, job recommendations, and other requests, including government officials seeking Bork's legal advice about the constitutionality of legislation. Many of the requests and proposals, often for conservative causes and political campaigns, increased dramatically after Bork's failed Supreme Court nomination in 1987. The general correspondence contains some letters relating to Bork's Supreme Court nomination, but the majority of that correspondence is filed in the Supreme Court Nomination File. Interfiled with the general correspondence are newspaper clippings, newsletters, reports, and miscellaneous material sent to Bork.
The transmission memoranda in the Correspondence series consist chiefly of cover sheets and include a few letters of response and legal documents faxed by Bork's staff concerning legal cases and projects in which Bork was involved. Other types of information found in the transmission memoranda relate chiefly to speaking engagements and travel arrangements. The unanswered correspondence, arranged by date received, comprises letters, mostly from the public, that were never answered by Bork or his staff. Correspondents for this series include Charles E. Bork, Steven G. Calabresi, Leonard Garment, Ernest B. Hueter, Paul D. Kamenar, Irving Kristol, Eugene B. Meyer, Richard John Neuhaus, Theodore B. Olson, and Kenneth Starr.
The United States Court of Appeals File, 1931-1988, is the largest series in Part II. It is organized into three categories: case file, opinions, and office file. The case file, 1982-1988, reflects the wide range of cases heard by the District of Columbia Circuit Court such as civil rights, separation of powers, freedom of speech, environmental law, worker safety and labor rights, and criminal cases. The majority of the case files are made up of cases heard by Bork as a member of a three-judge panel. Also represented in these files are en banc cases that are considered by the full court, and a few cases in which Bork participated as a panel member for special three-judge federal district court cases. The case file is arranged alphabetically by case title with the case number filed in parentheses after the title. Multiple numbers in parentheses are listed after a case title when the file contains combined cases that were handled together by the court as one case. Some cases may have the same title but are not combined cases because they are distinct cases that were considered separately by the judges. In that instance the case numbers are listed under the case title; for example, see "American Fed'n of Gov't Employees v. Federal Labor Relations Auth." in the Container List.
Also featured in the United States Court of Appeals File are the opinions and office file. The opinions, 1982-1988, consist of slip opinions written by Bork. The opinions are arranged alphabetically by case title, although partial lists of Bork's opinions precede the opinions. The office file, 1931-1988, contains material relating to Bork's appointment to the court of appeals and his resignation from that court, status books concerning open and closed cases, and other files relating to judicial issues.
The Supreme Court Nomination File, 1923-1992, chronicles Bork's unsuccessful nomination to the Supreme Court by President Ronald Reagan in 1987. The majority of this series consists of correspondence documenting the reactions by colleagues, current and former government officials, judges, friends, and the public to the contentious battle over Bork's proposed appointment. The bulk of the correspondence is from the public in support of Bork's nomination. These voluminous files of office mail are filed, as received by the Library, by date of receipt. Worthy of mention in the office mail correspondence are files entitled "letters awaiting Bork's response after Senate vote." These letters from judges, professors, current and former government officials convey their support to Bork and compliment him for his civility during the debate over his nomination. Correspondents include Gerald Ford, Richard Nixon, Donald Rumsfeld, Tom Selleck, and Alan K. Simpson. The home mail correspondence includes letters sent to Bork's wife, Mary Ellen, and letters that she had selected to answer pertaining to her husband's appointment. Also represented in the Supreme Court Nomination File are briefing books and briefing material relating to Bork's record as an educator, legal scholar, judge, and government official; files pertaining to his testimony before the Committee on the Judiciary; and a press file chronicling the nomination from its announcement on July 1 to the full Senate vote on October 23 denying Bork's confirmation.
The Legal File, 1969-2003, documents chiefly Bork's work as a legal consultant and attorney after his resignation from the court of appeals. The bulk of the files pertain to antitrust litigation, a speciality of Bork's. Clients featured are Brown and Williamson Tobacco Company, Edgewood School District, Pennsylvania, Festo Corporation, General Atomic Company, Leona Helmsley, Honeywell, Inc., the National Basketball Association, Mirage Resorts, Trailer Marine Transport Corporation (Zapata Gulf Marine Corp. v. Puerto Rico Maritime Shipping Auth.) and E. Robert Wallach (United States v. Wallach), and the Computer & Communications Industry Association and the Software & Information Industry Association (United States v. Microsoft). The Legal File includes many handwritten notes by Bork pertaining to cases and emendations of briefs, petitions, and other legal documents.
The Subject File, 1897-2003, chronicles Bork's affiliation and involvement with various organizations and institutions, including the American Enterprise Institute for Public Policy and Research. It includes files pertaining to classes that he taught at Yale University Law School, the University of Chicago Law School, and the University of South Carolina; family papers; a small amount of material about his early service as solicitor general; and newspaper clippings about his role in the Watergate Affair. Other topics treated are antitrust, the Constitution of the United States, and the Supreme Court.
The Speech and Engagement File, 1975-1995, documents Bork's speaking engagements, interviews, and media appearances. In 1988 Bork resigned from the court of appeals to speak and to write about judicial and public policy issues such as the politicalization of the confirmation process of the Supreme Court, in particular his own nomination. In many of his speeches Bork equated the direction of the Supreme Court with American culture stating: "By controlling appointments to the Court, Presidents and Senators can win cultural and political victories that they could never achieve by democratic means." He continued to write about the Supreme Court and American culture in his books, The Tempting of America: The Political Seduction of the Law and Slouching Towards Gomorrah: Modern Liberalism and American Decline, located in the Writings File, 1798-2003. Bork writes about his judicial philosophy of originalism and his unsuccessful nomination to the Court inThe Tempting of America. Research files for The Tempting of America include material relating to Bork's nomination and complement the files in the Supreme Court Nomination File. Also featured in the Writings File are articles, book reviews, forewords and introductions by Bork, and files pertaining to his book Coercing Virtue: The Worldwide Rule of Judges.
Additional materials relating to the files in Part II are located in the 2020 Addition series in Part III. These files mostly document Bork’s writings, including drafts and notes for the first edition of his 1978 book The Antitrust Paradox.
Part III
Part III of the Bork Papers spans the years 1948-2012 with the bulk of the material dating from 1988 to 2003. Papers and digital files in the addition supplement Parts I and II of the collection. The majority of the materials in Part III document Bork's work as a legal consultant, his long association with the American Enterprise Institute for Public Policy Research, and his activities as an advocate for conservative policies and principles. The papers in Part III are organized into the following series: Correspondence, Legal File, Subject File, Speech and Engagement File, Writings File, Closed, and 2020 Addition.
The Correspondence series, 1970-2011, mostly focuses on Bork’s tenure as a fellow with the American Enterprise Institute and his activities as a legal scholar and consultant. The bulk of the series represents the years 1999-2004 and is arranged into two categories: chronological and transmission memoranda. The chronological correspondence comprises incoming and outgoing letters, memoranda, invitations, and email printouts. Oftentimes, Bork’s outgoing responses are attached to incoming letters. The correspondents include clients, colleagues, judges, lawyers, United States government officials, publishers, scholars, former research assistants, family, and friends. Most of the chronological correspondence relates to requests for speaking engagements, writing projects, political causes and campaigns, social invitations, and job recommendations. It also features members of Congress seeking feedback on legislation and individuals requesting legal assistance. The transmission memoranda spans 1997 to 2003 and consists of outgoing faxes, many of which contain attachments such as writings, reports, and documents related to cases on which Bork was a consultant. Though some correspondence among legal clients is represented in this series, most of it is located in the Legal File series. Correspondents for this series include Christopher C. DeMuth, Orrin Hatch, Roger Kimball, Richard John Neuhaus, Theodore B. Olson, Kenneth Starr, and E. Robert Wallach. Most chronological gaps that exist in this series are represented in the correspondence series in Parts I and II.
The Legal File, 1981-2003, documents Bork’s work as a legal consultant, mostly on antitrust litigation. The bulk of the files pertain to the clients American Airlines, American Express (United States v. Visa U.S.A. Inc., Visa International Corp., and MasterCard International Inc.), and Netscape Communications Corp. and the Project to Promote Competition and Innovation in the Digital Age (United States v. Microsoft). Bork’s work on the Microsoft case is noteworthy, as many critics contested that his arguments were in conflict with the philosophy he originally outlined in his book The Antitrust Paradox. Other clients represented in the series include Alcan Aluminum Corp., AT & T, Freddie Mac, Honeywell Inc., Intel Corp., Morgan Stanley (LePage’s, Inc. v. 3M), Peerless Importers (Swedenburg, et al v. Kelly, et al), and Toshiba Corp. The files contain correspondence, briefs, notes, reports, statements, and other legal documents.
The Subject File, 1948-2009, details Bork’s affiliation and involvement with various organizations and institutions including the Hudson Institute, the Alliance for Marriage, the Center for Public Resources, and the Federalist Society. It includes files related to classes he taught, mostly in constitutional law, at Ave Maria School of Law, George Mason University, Yale University Law School, and the University of South Carolina. The series also contains biographical materials, some files pertaining to his service as solicitor general, and petitions for writ of certiorari written by Bork. Topics represented in the series include same-sex marriage, abortion, national security, affirmative action programs, Bush v. Gore, the desecration of the American flag, the impeachment of President Bill Clinton, and the Watergate Affair.
The Speech and Engagement File series, 1966-2008, documents Bork’s speaking engagements, interviews, media appearances, testimonies, and involvement on panels and roundtables. The series contains many speeches and interview transcripts, as well as logistical and planning files such as calendars, appointment books, itineraries, and research and activity reports. The topics represented focus on the relationship of politics and culture to constitutional law and the impact of these issues on the Supreme Court. Bork also explores religion and morality as it applies to the law, original intent, the role of the attorney general, and the appointing of special counsel in government investigations. The speeches also feature tributes to Warren E. Burger, Barbara K. Olson, and Kenneth Starr.
The Writings File, 1954-2012, is separated into two categories: writings by Bork and writings about Bork. The writings by Bork feature many of the same topics described in the Subject File and Speech and Engagement File, and include articles, book reviews, letters to the editor, and book files. After Bork’s unsuccessful nomination to the Supreme Court, his writings began to focus extensively on the the relationship of American culture to constitutional law. This is especially represented in Bork’s articles and in the research files for an unfinished follow-up to Slouching Towards Gomorrah: Modern Liberalism and American Decline. Files also relate to the posthumously published Saving Justice: Watergate, the Saturday Night Massacre and Other Adventures of a Solicitor General, which recounts Bork’s experiences as solicitor general, 1973-1977, under President Richard M. Nixon. These files detail Bork's reflections on the Nixon administration and contain original documents from the period maintained by Bork. The writings about Bork include clippings, articles, and essays.
The 2020 Addition contains files from 1966 to 1988 and mostly complements materials found in Part II. It includes correspondence, legal files, subject files, speech and engagement files, and writings.