Sen. Ted Kennedy

Beyond Roe, Bork and Trump: Can Americans find a way to discuss hot moral issues?

I am old enough that I can -- if I focus my mind really hard -- remember what our public discourse was like before the Supreme Court became the only issue in American politics that really, ultimately, mattered.

How did America become a nation in which dialogue and compromise is impossible? Why is the U.S. Supreme Court always ground zero on all of this? What role is the mainstream press playing in this painful equation, especially when covering news linked to religious, moral and cultural clashes?

These kinds of questions are at the heart of this week's "Crossroads" podcast (click here to tune that in), which focuses on the painful state of political life in this age of Donald Trump, an age in which the status of the high court is even more controversial than ever, with Kennedy's retirement serving as another fuse on this bomb. 

But let's back up a minute, to when old folks like me were young. 

Yes, the 1960s were wild times, of course. The war in Vietnam was incredibly divisive and the nation was rocked by assassinations. Tragic divisions over race were real and could not be ignored. 

Still, everything changed for millions of Americans on Jan. 22, 1973. From that moment on the status of Roe v. Wade -- political wars over defending or overturning that decision -- loomed over every nomination to the U.S. Supreme Court and every presidential election, as well. 

Then came October 23, 1987 and the vote on the nomination of Judge Robert Bork to the high court. Bork was a former Yale Law School professor (former students included Bill Clinton and Hillary Rodham) who embraced and taught originalism -- the legal theory that the U.S. Constitution should be interpreted as written by the founders.

If you want to catch the flavor of the debate over Bork, here is the famous statement by Sen. Ted Kennedy: 



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