Conservative, unsuccessful former judicial nominee Robert Bork has a new commentary out on civil liberties. If you can stand to make your way through it, here it is. Actually, you should make your way through it, just to see what we avoided by Bork not making it through the confirmation process--and what may lie ahead if some of Bush's nominees get through. For a capsulized view and good analysis, check out Balasubramania's Mania.

First, Bork condones the use of race in law enforcement, noting the absence of evidence that law enforcement relies "excessively" on race. Although I don't know firsthand, I'm willing to bet that in response to the Grutter/Gratz decisions, Bork decried any use of race as a factor in admissions. Second, Bork argues that the current administration's terrorism combatting efforts have not gone far enough, implying that the efforts have been hampered by the lack of adequate tools: "The Bush administration's efforts to protect American security . . . . are indeed vulnerable--for not going far enough."