The article on which this chapter is based was published in the New Republic on the day when the confirmation hearing on Bork's nomination to the Supreme Court began, and was taken in some quarters as an oblique expression of opposition to the nomination. Nothing could have been more remote from my intentions. The article was written and mailed to the New Republic before Justice [Lewis] Powell announced his resignation, creating the vacancy that Bork was nominated to fill; it is sheer happenstance that the article was published when it was. Although I have my differences with Bork, I thought when he was nominated and I think today that he should have been confirmed and would have been an outstanding Justice.
(Richard A. Posner, Overcoming Law [Cambridge and London: Harvard University Press, 1995], 230 n. 2)