Commentary: How the scourge of originalism is taking over the Supreme Court
In 1987, the Senate resoundingly rejected the nomination of Judge Robert Bork for the Supreme Court because it found his originalist views unacceptable. As a law professor, Bork argued that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by amendment.
Under this view, there would be no constitutional protection for abortion or other privacy rights, no protection for women or gays and lesbians from discrimination, and no right to freedom of speech except for political expression. Bork, who was impeccably qualified, was defeated by the largest margin
