Paul V McNutt
Banned
The least complicated way to get Bork on the Court is to have President Reagan nominate him to replace William Rehnquist, when Rehnquist was nominated to be Chief Justice in 1986. There eight conservative Republican Senators who were defeated or retired in the 1986 elections. OTL the Senate vote on Bork in 1987 was 58 no and 42 yes. So ITTL we could have the Senate tied 50 50 on Bork in 1986. Vice President Bush would be on hand to cast the tie breaking vote to confirm Bork. In 1987, Justice Powell would still retire, ITTL he is replaced not by Anthony Kennedy but by Antonin Scalia. So the one change in the Supreme Court line up is that Robert Bork is there instead of Anthony Kennedy. All the justices who came to the court 1990-2010 would still get there. The most important change ITTL is the 1992 case Casey vs Planned Parenthood. Bork with Chief Justice Rehnquist, Justices White, Scalia and Thomas form the majority that overturned Row vs Wade. There is not the political will in any state to outlaw abortion, but restrictions on abortion are enacted in some states. George HW Bush is hurt in the 1992 election. The Popular vote ITTL is Clinton 44% ( OTL 43%) Bush 34% ( OTL 37% ) Perot 21% ( OTL 19%) The Electoral College is Clinton 486 ( That is OTL plus Arizona, Florida, Indiana, Kansas, North Carolina, South Dakota, Texas, Virginia and Wyoming. Clinton becomes the first Democrat since Lyndon Johnson to carry Indiana, Kansas, South Dakota, Virginia and Wyoming. The high electoral vote is described as the Clinton landslide. Despite all the turmoil created by Casey vs Planned Parenthood, the constitutional right to an abortion returns in January 1994. New justice Ruth Bader Ginsberg along with Justices Blackmun, Stevens, O Conner and Souter accept an abortion case at the beginning of the 1993 term. In January 1994, they are the majority in the decision that reaffirms the constitutional right to an abortion. The decision does not challenge the various restrictions on abortion, so abortion is still difficult in much of America. Aside from the Casey case, Bork does not have a major impact. If you look at the Selected Landmark Decision of the US Supreme Court listed on pages 560-562 of the 2016 World Almanac there are only 10 decisions during Borks time on the court that would have gone the other way. 1989s Texas vs Johnson would uphold laws banning burning of the flag. In the 1995 US Term Limits vs Thorton the court would have allowed states to set term limits for members of Congress. In 2002's Atkins vs Virginia, the court would have allowed the execution of the mentally handicapped. In 2005, Roper vs Simons allows the death sentences for defendants under the age of 18. That same year the court stops local government from taking private property for economic development. 2008's Hamadan vs Rumsfeld would have approved the system of military tribunals for trying Guantanamo detainees. That same year in Boumadiere vs Bush the court would deny the Guantanamo detainees the right of habeus corpus in the federal courts. In 2010, Graham vs Florida would allow defendants under 18 to get life sentences for crimes other than murder. In 2012's Miller vs Alabama the court would allow juveniles to get life without parole. I am assuming Bork would have always votes with conservative block, something Justice Kennedy usually did. None of these decisions would have stirred major political controversy. In addition to his votes as a justice, Bork would have had an impact by not retiring. Serving on the Supreme Court would have been Robert Bork's dream job. If he still dies on December 27, 2012, he creates a liberal court. President Obama replaces him with Michigan Governor Jennifer Granholm. I assume she votes with the liberals. In 2013's Shelby County vs Holder, the court reaffirms the Federal Supervision of states and local governments set out in the Voting Rights Act. The 2014 Hobby Lobby Case goes the other way. When Antonin Scalia dies the Republican Senate holds hearings on and votes to confirm Merrick Garland. They don't see the difference between a 5-4 liberal court and 6-3 one. President Obama's immigration action is confirmed by the Supreme Court in a 6-3 vote.