---
title: "Robert Bork Failed Appointment — AP Gov Definition"
description: "Robert Bork's 1987 Supreme Court nomination was rejected 58-42 by the Senate, the classic AP Gov example of confirmation as a check on presidential power."
canonical: "https://fiveable.me/ap-gov/key-terms/robert-bork-failed-appointment"
type: "key-term"
subject: "AP US Government"
unit: "Unit 2"
---

# Robert Bork Failed Appointment — AP Gov Definition

## Definition

The Robert Bork failed appointment refers to the Senate's 1987 rejection (58-42) of President Reagan's Supreme Court nominee, the go-to AP Gov example of how Senate confirmation acts as a real check on the president's appointment power (Topic 2.5).

## What It Is

In 1987, [President](/ap-gov/unit-1/principles-american-government/study-guide/BXlQvFOiaKwhntWYhgKP "fv-autolink") Ronald Reagan nominated federal judge [Robert Bork](/ap-gov/key-terms/robert-bork "fv-autolink") to the Supreme Court. Bork was openly conservative on hot-button issues, and the Democratic-controlled Senate pushed back hard. After contentious televised hearings, the Senate voted him down 58-42, one of the most lopsided rejections of a Supreme Court nominee in history. The fight was so famous that "borking" became a verb for aggressively attacking a nominee's record.

For [AP Gov](/ap-gov "fv-autolink"), the details of Bork's judicial philosophy matter less than what the episode proves. The Constitution gives the president the power to nominate justices, but the Senate's "advice and consent" role means a nomination can die if the president's choice clashes with the Senate's ideological makeup. Bork is the textbook illustration that confirmation is not a rubber stamp.

## Why It Matters

This example lives in **Topic 2.5, Checks on the Presidency ([Unit 2](/ap-gov/unit-2 "fv-autolink"))**, supporting learning objective **AP Gov 2.5.A**: explaining how the president's agenda creates tension and confrontation with Congress. The CED's essential knowledge says [Senate confirmation](/ap-gov/key-terms/senate-confirmation "fv-autolink") is an important check on appointment powers, with potential for conflict over Cabinet members, ambassadors, and especially judges. Bork is the concrete case you can name when the exam asks how Congress checks the president. It also connects to a second CED point, that the president's longest-lasting influence comes through life-tenured judicial appointments. That's exactly why the Senate fought so hard over Bork. A Supreme Court seat outlasts any presidency, so the stakes of one confirmation vote are enormous.

## Connections

### [Advice and Consent (Unit 2)](/ap-gov/key-terms/advice-and-consent)

Bork is what [advice and consent](/ap-gov/key-terms/advice-and-consent "fv-autolink") looks like when the Senate says no. Article II lets the president nominate, but the Senate's majority vote requirement means a hostile Senate can sink the nominee entirely.

### [Life-Tenured Judicial Appointments (Units 2 & 5)](/ap-gov/key-terms/life-tenured-judicial-appointments)

The Bork fight was so intense because [Supreme Court justices](/ap-gov/unit-2/checks-on-presidency/study-guide/gC04EY1t98bxlZ212VUh "fv-autolink") serve for life. A confirmed justice shapes constitutional law for decades after the president leaves office, so the Senate treats these votes as the highest-stakes check it has.

### [Checks and Balances (Units 1-2)](/ap-gov/key-terms/checks-and-balances)

Bork turns the abstract idea from [Federalist No. 51](/ap-gov/key-terms/federalist-no-51 "fv-autolink") into a real event. Ambition counteracting ambition isn't just theory; it's a Democratic Senate blocking a Republican president's nominee in a 58-42 vote.

### [Impeachment Process (Unit 2)](/ap-gov/key-terms/impeachment-process)

Both are congressional checks on personnel, but they work in opposite directions. Confirmation lets the Senate block someone from getting power; impeachment removes someone who already has it. Bork was stopped at the front door, not removed.

## On the AP Exam

No released FRQ has used Bork's name verbatim, but he's exactly the kind of specific, relevant evidence the Concept Application and Argument Essay FRQs reward when the prompt involves checks on presidential power or executive-legislative conflict. Multiple-choice questions on Topic 2.5 often describe a scenario where the Senate rejects a president's nominee and ask which constitutional principle it illustrates (answer: advice and consent / checks and balances). Your job is to use Bork as evidence, not biography. One sentence like "the Senate's 1987 rejection of Robert Bork shows confirmation is a meaningful check on appointment power" is worth more than a paragraph on his legal views.

## Robert Bork failed appointment vs Merrick Garland's blocked nomination (2016)

Both are failed Supreme Court nominations, but the mechanism differs. Bork got full hearings and a floor vote, and the Senate formally rejected him 58-42. Garland, nominated by Obama in 2016, never got a hearing or a vote because Senate leadership simply refused to act. Bork shows the Senate checking the president through the formal confirmation process; Garland shows the Senate checking the president by stalling it. Either works as evidence for AP Gov 2.5.A, but don't mix up the details.

## Key Takeaways

- Robert Bork was Reagan's 1987 Supreme Court nominee, and the Senate rejected him 58-42 after contentious confirmation hearings.
- Bork is the standard AP Gov example showing that Senate confirmation is a genuine check on the president's appointment power, not a formality.
- The fight was so heated because Supreme Court justices serve for life, making judicial appointments the president's longest-lasting source of influence.
- The episode supports learning objective AP Gov 2.5.A on how the president's agenda creates tension and confrontation with Congress.
- On FRQs, use Bork as one-sentence evidence for checks and balances or executive-legislative conflict, not as a biography topic.

## FAQs

### What was the Robert Bork failed appointment?

In 1987, the Senate rejected President Reagan's Supreme Court nominee Robert Bork by a 58-42 vote after contentious hearings over his conservative judicial views. In AP Gov, it's the classic example of Senate confirmation checking the president's appointment power.

### Did the Senate actually vote on Bork, or did he withdraw?

The Senate actually voted. Bork refused to withdraw and the full Senate rejected him 58-42, making it a formal use of the advice and consent power rather than a nomination that quietly died.

### How is Bork's failed nomination different from Merrick Garland's?

Bork received hearings and lost a formal Senate floor vote in 1987. Garland, nominated by Obama in 2016, was never given a hearing or vote at all. Both show the Senate checking presidential appointments, just through different tactics.

### Why does AP Gov care about a nomination from 1987?

Because it's a clear, concrete illustration of the essential knowledge in Topic 2.5, that Senate confirmation creates potential for conflict between the president and Congress, especially over life-tenured judicial appointments. Naming Bork gives your FRQ answer specific evidence instead of a vague claim.

### Is Robert Bork a required Supreme Court case for AP Gov?

No. Bork was never confirmed, so there's no "Bork case." He's a historical example of the confirmation process, not one of the 15 required SCOTUS cases. Don't list him alongside cases like Marbury v. Madison.

## Related Study Guides

- [2.5 Checks on the Presidency](/ap-gov/unit-2/checks-on-presidency/study-guide/gC04EY1t98bxlZ212VUh)

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