BORK QUITS APPEALS COURT TO ‘RESPOND’ TO HIS CRITICS : His Defeat a Tragedy--Reagan

Federal appellate court judge Robert H. Bork has submitted his resignation from the bench, telling President Reagan he wants to “publicly respond” to the charges that doomed his nomination to the Supreme Court, the White House announced today.

Bork’s resignation letter was dated Jan. 7 but was released only today.

In a letter accepting the 60-year-old jurist’s request to leave the U.S. Court of Appeals for the District of Columbia effective Feb. 5, Reagan said:

“The unprecedented political attack upon you which resulted in the regrettable Senate action was a tragedy for our country. All Americans are the poorer today for not having your extraordinary talents and legal skills on the high court.”

Even before the Senate’s rejection of Bork’s Supreme Court nomination, there had been indications he was dissatisfied with his life on the appeals court and did not plan to stay there.

When other judges were recruiting law clerks last spring for the 1988-89 term, Bork made no such effort.

The Senate on Oct. 23 denied Bork a seat on the Supreme Court by a 58-42 vote, culminating a long and tumultuous confirmation process that left Reagan administration officials embittered and prompted Reagan at one point to promise that he would send a new nominee “just as objectionable” to the Senate.

In his letter to Reagan, Bork took note of the political brouhaha that surrounded his confirmation process, and said that, “for several months, various highly vocal groups and individuals systematically misrepresented not only my record and philosophy of judging but, more importantly, the proper function of judges in our constitutional democracy.”

“This was a public campaign of miseducation to which, as a sitting federal judge, I felt I could not publicly respond,” the letter said. “What should have been a reasoned national debate about the role of the courts under the Constitution became an essentially unanswered campaign of misinformation an political slogans.”

“If, as a judge, I cannot speak out against this attempt to alter the traditional nature of the courts, I think it important to place myself where I can,” Bork said.

“The crux of the matter is that I wish to speak, write and teach about laws and other issues of public policy more extensively and more freely than is possible in my present position,” he said.

Reagan had announced his selection of Bork last July 1, calling the former solicitor general the best qualified candidate to succeed the retiring Justice Lewis F. Powell Jr. on the high court.

But an array of civil rights, feminist and other groups lobbied hard against the Bork nomination, saying they feared the jurist would turn back the clock on social progress.

Reagan stood behind Bork throughout the process. At one point, amid speculation that the judge would be encouraged by the administration to step aside, Bork vowed to stay and fight. Reagan said he admired him for that.

“It is with deep sadness that I accept your decision to resign,” Reagan told Bork in the exchange released today.

After Bork’s nomination was defeated, Reagan submitted the name of Douglas H. Ginsburg, a colleague of Bork’s on the federal appeals court. But Ginsburg, 41, withdrew his name from consideration after acknowledging having smoked marijuana while a professor at Harvard Law School.

The Senate Judiciary Committee is weighing whether to recommend confirmation of Anthony M. Kennedy, Reagan’s current Supreme Court choice. His approval is viewed as certain.