Modernity, the child of the Enlightenment, failed when it became apparent that the good society cannot be achieved by unaided reason.
Robert BorkBy depriving the charged person of any defenses [the rulings] mean that sexual dalliance, however voluntarily engaged in, becomes harassment whenever an employee sees fit, after the fact, so to characterize it.
Robert BorkThe notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review; and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Robert BorkBeing 'at the mercy of legislative majorities' is merely another way of describing the basic American plan: representative democracy.
Robert BorkConservatives . . . may decide to join the game and seek activist judges with conservative views. Should that come to pass, those who have tempted the courts to political judging will have gained nothing for themselves but will have destroyed a great and essential institution. . . . There are only two sides. Either the Constitution and statutes are law, which means their principles are known and control judges, or they are malleable texts that judges may rewrite to see that particular groups or political causes win.
Robert Bork