An excerpt from Judge Bork’s confirmation hearings taken from Judge Ray Randolph’s brilliant and moving speech on Griswold, Roe, Lawrence, and judicial lawmaking that he delivered to the Federalist Society just a few weeks ago:
[Judge Bork:] Nobody ever tried to enforce that statute, but the police simply could not get into the bedroom without a warrant, and what magistrate is going to give the police a warrant to go in to search for signs of the use of contraceptives? I mean it. is a wholly bizarre and imaginary case.Now let me say this—
The CHAIRMAN: Would the Senator yield at that point just for clarification?
Senator SIMPSON: Yes, certainly, Mr. Chairman.
The CHAIRMAN: If they had evidence that a crime was being committed–
Judge BORK: How are they going to get evidence that a couple is using contraceptives?
The CHAIRMAN: Wiretap.
Judge BORK: Wiretapping?
The CHAIRMAN: Wiretap.
Judge BORK: You mean to say that a magistrate is going to authorize a wiretap to find out if a couple is using contraceptives?
The CHAIRMAN: They could, could they not, under the law?
Judge BORK: Unbelievable, unbelievable.
The full transcript of the Bork hearing is available here.
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