Republicans in the Senate are gunning for Goodwin Liu, the 39-year-old UC Berkeley law professor President Obama has named to the U.S. 9th Circuit Court of Appeals. Liu, who supports affirmative action and has theorized about whether welfare benefits can be considered a constitutional right, is “beyond the mainstream,” according to Sen. Jeff Sessions of Alabama, the ranking Republican on the Judiciary Committee. Of course, Sessions said the same thing about Supreme Court Justice Sonia Sotomayor, which suggests that for him "beyond the mainstream" is just a synonym for "liberal" or "Democratic nominee."
Because he is an academic, Liu has a long paper trail of views about the Constitution and constitutional interpretation that's unusual in a judicial nominee. He's also very young. But so were some notable appeals court appointees of Republican presidents. For example, Alex Kozinski, now the chief judge of the 9th Circuit, was 34 when President Reagan named him to the appeals court. Kenneth W. Starr, the future Whitewater special prosecutor, was 37 when Reagan placed him on the U.S. Court of Appeals for the District of Columbia Circuit.
Many of these appointees held the view that judges should be bound by the Constitution's original meaning, a doctrine that, in the simplistic form associated with Supreme Court Justice Antonin Scalia, would prevent the Constitution from adapting to the times. In a recent book, Liu and two colleagues took on the doctrine of "originalism": "The question that properly guides interpretation is not how the Constitution would have been applied at the Founding, but rather how it should be applied today in order to sustain its vitality in light of the changing needs, conditions, and understandings of our society." (Actually, both approaches are part of the mainstream, and are sometimes employed by the same judges depending on the case.)...
The American Bar Assn. obviously has concluded that Liu can satisfy both obligations. It has rated him "well qualified." We agree.
http://www.latimes.com/news/opinion/la-ed-liu6-2010apr06,0,3737751.storyPrevious postsProgressives to rejoice, Obama nominates Goodwin Liu (Thu Feb-25-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7789498Editorial: Liu is more than qualified to serve on appeals court (Mon Mar-01-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7816130Fox News composes a hit piece on Obama nominee Goodwin Liu (Fri Mar-05-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7846137Oakland Tribune: Obama judicial nominee already a target (Sat Mar-06-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x78548609th Circuit candidate's career marked by rapid ascent, wide-ranging roles (Goodwin Liu) (Wed Mar-10-10)
http://www.latimes.com/news/local/la-me-goodwin-liu9-2010mar09,0,1301596.storyAP: Young appeals court nominee raises liberal hopes (Sun Mar-14-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7912313Testimony of Professor Goodwin Liu on the Nomination of Judge Samuel A. Alito, Jr. January 10, 2006 (Tue Mar-16-10)
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=7925476&mesg_id=7925476San Francisco Chronicle: Obama nominee Goodwin Liu an unassuming man (Tue Mar-16-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7929953Senate Judiciary Committee schedules Goodwin Liu nomination hearing (Tue Mar-16-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7930102WP: Law professor Goodwin Liu may be test case for Obama judicial picks (Mon Mar-22-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7985276ABC: SCOTUS Battle Quietly Brews, Contentious Hearing for Lower Court Nominee to Foreshadow (Mon Mar-22-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7985782Ring-wing response to video threatens Obama judicial nominee (Mon Mar-22-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7986200Websites form to support the nomination of Goodwin Liu (Tue Mar-23-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7992722LAT: Controversy Over Obama Judge, GOP "preparing to mount an assault" (Tue Mar-23-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8000730Senate Judiciary postpones the Goodwin Liu hearing "due to Republican objection" (Wed Mar-24-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8010610Senator Patrick Leahy Press Release: Republican Objections Now Stall Even Committee Progress (Thu Mar-25-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8012621Thomas Goldstein: A Hearing to Define "Mainstream" Judicial Views (Thu Mar-25-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8012997Goodwin Liu Hearing Rescheduled for April 16 (Sat Mar-27-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8028717NYT: An Exceptional Nominee (Sun Mar-28-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x526591Majority of D.A.s in state oppose Obama nominee (Wed Mar-31-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8055635Senator Hatch: Goodwin liu "a controversial nominee" because his views "appear to be pretty liberal" (Wed Mar-31-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8056270Stanford Daily: Liu ‘91 turned to service on Farm (Thu Apr-01-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8065314Media Matters: Fox News falsely claims Liu says "reparations
on the table" (Thu Apr-01-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8065447
BLT: Conservatives Aim at 9th Circuit Nominee's Questionnaire (Thu Apr-01-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8071363
The Nation: Liu confirmation "should be a no-brainer.” (Sat Apr-03-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8078827
Fox News: Goodwin Liu "Under Fire" (Sat Apr-03-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8079624
"Keeping Faith with the Constitution" by Goodwin Liu and Pamela Karlan available online (Sat Apr-03-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8079660
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