History contains uncertainty
After the presidential election in November 1960, Vice President Richard Nixon wanted to challenge the result in Illinois. Sen. John F. Kennedy won there by a razor-thin margin. President Dwight D. Eisenhower (a great president), counseled Mr. Nixon not to challenge the result, telling him that people need finality. In short, there has to be a certain certainty.
In 1973 came the Saturday Night Massacre. Mr. Nixon wanted the special prosecutor Archibald Cox fired. Both Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus refused to do as Mr. Nixon ordered, and they both resigned. The third man in line, Justice Department Solicitor General Richard Bork, decided to fire Mr. Cox, earning the enmity of many in government and the nation. Mr. Bork provided that certain certainty, marking an end to the crisis. Mr. Bork was never forgiven.
In 1987, Mr. Bork was nominated to the U.S. Supreme Court. One of the reasons, and not the singular reason why his nomination failed, was because he made the decision to fire Mr. Cox in 1973. From that time forward, there has been uncertain certainty when it comes to an appointment to the U. S. Supreme Court.
Merrick Garland’s nomination to the court was held up for a year. He never had a chance to talk to senators about his qualifications to be on the court. Now comes the latest uncertain certainty, Brett Kavanaugh. Perhaps because of what happened to Mr. Bork in 1987 and the last thirty years of vitriolic tit-for-tat politics and because of Judge Kavanaugh’s conservative politics, perhaps somewhat extreme, his nomination may fail, which I think will be very sad. Mr. Eisenhower was right when he counseled Mr. Nixon; people need a certain certainty.
It is obvious that our system of government is broken. We need wise men and women in government, and especially in the courts, who have a steady hand. Above all we need a philosopher president.
It is said, because of its imperfectness and ambiguity, the U.S. Constitution is outdated or obsolete. That is not true, it is that very ambiguity that is the Constitution’s secret great strength. This allows each generation to fashion it to its own needs toward a future. How certain that future is up to us. FREDERICK J. ROKASKY
Squirrel Hill