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Bork Reported ‘Welcome’ on Court by Stevens

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Associated Press

Justice John Paul Stevens called Supreme Court nominee Robert H. Bork a “very well-qualified candidate” and a “welcome addition to the court,” according to published reports.

Public remarks by sitting justices on the qualifications of nominees are rare, but Stevens told a meeting of federal judges he saw no reason to hold back, according to a Saturday report in the New York Times.

President Reagan nominated Bork to replace Justice Lewis F. Powell Jr., who retired June 26 and was considered a centrist. Bork is regarded as a conservative, and his nomination has drawn fire from liberals.

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Considered a Centrist

Stevens, who joined the court in 1975, is considered a centrist who votes with the court’s liberals on abortion, affirmative action and separation of church and state.

Stevens made his remarks in Colorado Springs, Colo., before the 8th Circuit Judicial Conference on July 17. The New York Times said it obtained a transcript based on a tape-recording from a Bork supporter. The story was first reported by the Omaha (Neb.) World-Herald.

“I personally regard him as a very well-qualified candidate and one who will be a very welcome addition to the court,” Stevens said of Bork. “There are many, many reasons that lead me to that conclusion.”

Stevens noted an opinion Bork wrote in a 1984 libel case. The opinion argued that judges should provide greater protection for the press against certain libel suits even though the framers of the First Amendment apparently did not intend to curb libel suits at all.

Cited ‘Judicial Tradition’

The opinion cited the “judicial tradition of a continuing evolution of doctrine to serve the central purpose of the First Amendment.”

This view of constitutional interpretation, Stevens told the group, “is consistent with the philosophy that you will find in opinions written by (the late) Justice (Potter) Stewart and Justice Powell and some of the things that I have written.”

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Bork, contacted by telephone Saturday at his Washington home, refused to discuss Stevens’ remarks, saying he would not comment during the confirmation process.

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