Bork on Griswold

An excerpt from Judge Bork’s confirmation hearings taken from Judge Ray Randolph’s brilliant and moving speech on Griswold, Roe, Lawrence, and judicial lawmaking that he delivered to the Federalist Society just a few weeks ago:

[Judge Bork:] Nobody ever tried to enforce that statute, but the police simply could not get into the bedroom without a warrant, and what magistrate is going to give the police a warrant to go in to search for signs of the use of contraceptives? I mean it. is a wholly bizarre and imaginary case.

Now let me say this—

The CHAIRMAN: Would the Senator yield at that point just for clarification?

Senator SIMPSON: Yes, certainly, Mr. Chairman.

The CHAIRMAN: If they had evidence that a crime was being committed–

Judge BORK: How are they going to get evidence that a couple is using contraceptives?

The CHAIRMAN: Wiretap.

Judge BORK: Wiretapping?

The CHAIRMAN: Wiretap.

Judge BORK: You mean to say that a magistrate is going to authorize a wiretap to find out if a couple is using contraceptives?

The CHAIRMAN: They could, could they not, under the law?

Judge BORK: Unbelievable, unbelievable.

The full transcript of the Bork hearing is available here.