Three law professors testified against the nomination. Professor Franklin related personal experiences with segregation and suggested that Judge Bork, had he been on the Supreme Court at the time, would not have had the “vision and the courage” to strike down segregationist laws.
Professor Leuchtenburg, a historian, stated that the Constitution should be viewed as a “living legacy” and that Judge Bork’s philosophy of original intent is against expanded freedom. Professor Dellinger followed up by associating Bork with Attorney General Edwin Meese in “attacking the Fourteenth Amendment under the guise of original intent.”