Biden Urges Senate to Study Bork’s Conservative Viewpoints : Says Reagan Made Choice for His Own Political Purposes

Sen. Joseph R. Biden Jr. (D-Del.), the Senate Judiciary Committee chairman, today urged the Senate to examine Supreme Court nominee Robert H. Bork’s conservative views in deciding whether to confirm him.

Biden, who is seeking the Democratic presidential nomination, said President Reagan’s choice of Bork was made for political purposes--and the Senate therefore has a duty to consider politics in its scrutiny.

“Today, we are once again confronted with a popular President’s determination to bend the Supreme Court to his political ends,” Biden said in a lengthy speech on the Senate floor.

A Right and a Duty

“I do not dispute his right to try. But . . . let no one deny our right and our duty to consider questions of substance in casting our votes.”

Biden is expected to lead the fight against Bork, but he did not state a formal position in his speech to the Senate, which appears to be evenly divided on the nomination.

Biden said Bork’s nomination is particularly crucial because the court is evenly divided philosophically, “and a single nomination can bend it in the direction of the President’s political purposes.”

Vice President George Bush immediately issued a statement criticizing Biden.

“I find it ironic that Sen. Biden . . . would take issue with Judge Bork’s judicial philosophy. That philosophy is one of judicial restraint, and what that means above all else is that Congress should make the laws, not the court.”

Senate History Cited

Much of Biden’s speech dealt with the history of Senate confirmation fights over Supreme Court nominees. “Until recent times, few have questioned the Senate’s right to consider the judicial philosophy, as well as the judicial competence, of nominees,” he said.

Biden added that the deep divisions between the Democratic-controlled Congress and the President underscore the importance of considering political issues in Bork’s confirmation hearings.

In response, Senate Minority Leader Bob Dole (R-Kan.), also a presidential hopeful, said Biden’s approach “would offend common sense” and is “horribly short-sighted.”

Ability, Integrity

“Our inquiry should focus on the nominee’s ability and integrity, and upon whether the nominee would faithfully and neutrally apply the Constitution,” Dole said.

“If we . . . require that judicial candidates pledge allegiance to the political and ideological views of particular senators or interest groups, we will do grave and irreparable violence to basic separation-of-powers principles that act as the ultimate safeguard against the tyranny of the majority.”

The Senate Judiciary Committee is scheduled to begin hearings on the nomination Sept. 15 after the Senate returns from a monthlong recess beginning Aug. 7.