Liu Withdraws Nomination

Goodwin Liu, one of the most remarkable, highly qualified, and well-respected judicial nominees in recent memory, has withdrawn his nomination to the Ninth Circuit Court of Appeals.

Click here to read Liu's letter to President Obama.

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Violating a Principle on Judicial Nominations

When Senator Lamar Alexander said, "I will not vote to deny a vote to a Democratic president's judicial nominee just because the nominee may have views more liberal than mine," it was taken as a statement of principle, and a reflection of the belief that the Senate should hold a final yes-or-no vote on every one of a president's judicial nominees.

But after Senator Alexander -- and every Republican except Sen. Lisa Murkowski of Alaska -- voted against a motion to break a filibuster and hold a yes-or-no vote on Liu's nomination, it's clear that Alexander's statement of principle leaves some room for interpretation. (Senator Orrin Hatch of Utah voted "present" in the roll call, which he has painted as a principled stand. Nonetheless, a vote to end a filibuster requires 60 "yes" votes to break, so a "no" vote is functionally the same as no vote at all.)

The New York Times puts forth the idea that Alexander's vote wasn't about Liu being "more liberal" than the senator from Tennessee:

But other Republicans were more forthcoming about the real reason for the blockade: Mr. Liu dared to criticize Justice Samuel Alito Jr. as harshly conservative before he was confirmed to the Supreme Court. The filibuster apparently was payback, and the Republican eagerness for revenge has broken faith and a clear understanding on the Senate floor. That will make it harder to fill benches during this administration and many more to come.

Click here to read the Times editorial, and click here to learn more about Goodwin Liu.

Senator Alexander wasn't alone, of course. Other Republican senators have pledged to not filibuster judicial nominees, yet they stood together and Thursday and did exactly that. The result is that a federal judgeship, classified as a "judicial emergency" remains vacant, the caseload on the Ninth Circuit remains dangerously high, and a qualified, intelligent nominee was rejected by the Senate on the flimsiest of excuses.

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AFJ Condemns Republican Hypocrisy and Cynicism in the Filibuster of Ninth Circuit Nominee Goodwin Liu

PRESS RELEASE

Alliance for Justice President Nan Aron issued the following statement on the Republican filibuster of Ninth Circuit Court of Appeals nominee Goodwin Liu:

Today is an extremely sad day for American justice as all but one Republican Senator chose to block a final vote on Goodwin Liu, one of the most remarkable, highly qualified, and well-respected judicial nominees in recent memory. The vote to sustain the filibuster relied almost exclusively on dishonest and distorted attacks on Professor Liu’s record and character. Not only have the American people been denied a great judge, and Asian Americans in Western states denied representation on the federal bench, but the judiciary itself has once again been subjected to the kind of destructive obstructionist tactics that have precipitated a national crisis in the courts.

We find it disheartening that consistency and truth have been sacrificed in the name of crass political posturing. We also reject the transparently false idea that somehow the Liu nomination falls within the concept of “extraordinary circumstances,” as spelled out in the “Gang of 14” agreement of 2005.

The only thing extraordinary about the circumstances surrounding this vote is the amount of hypocrisy and cynicism emanating from Republican Senators, who should stop pretending this filibuster has anything to do with principle, and admit they blocked a vote on Goodwin Liu because they didn’t want a person of his caliber on the bench.

The notion that Goodwin Liu lies so far outside the judicial mainstream that the Senate should not even be permitted to have a final vote on his nomination is belied by his record but also by the numerous bipartisan endorsements he received, including those of very prominent conservatives.

Although we are deeply disappointed by today’s vote, we believe it is more important than ever that the President and the Senate address the continuing crisis in the federal courts, significantly accelerate the pace of nominations and confirmations, and end the political games that are damaging justice in our nation.

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Who is Goodwin Liu?

Goodwin Liu is President Obama's nominee for a seat on the Ninth Circuit. Originally nominated in February 2010, Liu has seen his nomination held up for more than a year by delays in the Senate.

The Center for American Progress has produced a video of Goodwin Liu in his own words:



For more on Goodwin Liu, click here.

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Tell Your Senators: Goodwin Liu Deserves a Vote!

** UPDATE: THIS ALERT IS NO LONGER ACTIVE ** 

An acclaimed scholar, teacher, and lawyer, Goodwin Liu is widely considered one of the brightest legal minds of his generation. Yet his nomination to the Ninth Circuit Court of Appeals has been stalled for over a year by obstruction in the U.S. Senate.

Act now to support Goodwin Liu's nomination to the Ninth Circuit. Tell your senators to confirm Goodwin Liu TODAY!

Supported by leaders from across the political spectrum, Goodwin Liu possesses the intellect, integrity, experience, and temperament to serve as an excellent circuit court judge. Not even his harshest critics can claim that Liu isn't superbly qualified, but some Republicans may still try to prevent him from even receiving a vote in the Senate.

Goodwin Liu has waited too long for a vote. We need you to join us in a national effort to support Liu's confirmation TODAY.

Liu's nomination also has historic significance: if confirmed, he would become only the second active Asian American appellate judge in the country, and the only active Asian American judge on the West Coast's Ninth Circuit. The Senate will decide Thursday if Liu will even receive a yes-or-no vote; the time to act is now!
    
Tell your senators to move forward with Goodwin Liu's nomination, and to vote to confirm him to the Ninth Circuit.

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Five Nominees Reported From Senate Judiciary Committee, Hearing on Four More Next Week

On Thursday, the Senate Judiciary Committee reported out five nominees: Goodwin Liu, nominee to the United States Court of Appeals for the Ninth Circuit on a party-line vote; Esther Salas, nominee to the United States District Court for the District of New Jersey on a unanimous voice vote; J. Paul Oetken and Paul A. Engelmayer, nominees to the United States District Court for the Southern District of New York on unanimous voice votes; and Ramona V. Manglona, nominee to the United States District Court for Northern Mariana Islands on a unanimous voice vote.

The Senate Judiciary Committee has scheduled a hearing for next Wednesday on four judicial nominees: Henry Floyd to the United States Court of Appeals for the Fourth Circuit; Nelva G. Ramos to the United States District Court for the Southern District of Texas; Richard B. Jackson to the United States District Court for the District of Colorado; and Sara L. Darrow to the United States District Court for the Central District of Illinois.

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Action in the Senate Judiciary Committee this Week

Yesterday the Senate Judiciary Committee held hearings on the nominations of Goodwin Liu to the Ninth Circuit court of Appeal, Kevin Sharp to the United States District Court for the Middle District of Tennessee, Roy Dalton to the United States District Court for the Middle District of Florida, and Claire Cecchi and Esther Salas to the to the United States District Court for the District of New Jersey. This was Liu’s second hearing before the committee, and committee Republicans again posed questions that mischaracterized his record and judicial philosophy. For a good rundown and debunking of these mischaracterizations, you can read a recent blog post by Richard Painter, a Law Professor at the University of Minnesota and George W. Bush’s chief ethics counsel.

Today the Senate Judiciary Committee met in executive session and reported out Mae D’Agostino, nominee to the Northern District of New York, on a voice vote. The committee also held over votes until next week on six other nominees: Caitlin Joan Halligan, nominee to the United States Court of Appeals for the District of Columbia Circuit; Jimmie V. Reyna, nominee to the United States Court of Appeals for the Federal Circuit; John A. Kronstadt nominee to the United States District Court for the Central District of California; Vincent L. Briccetti, nominee to the United States District Court for the Southern District of New York; Arenda L. Wright Allen, nominee to the United States District Court for the Eastern District of Virginia; and Michael Francis Urbanski, nominee to the United States District Court for the Western District of Virginia. These six nominees will likely be reported out of committee next Thursday.

For the most up-to-date and comprehensive information on judicial nominations, visit the Alliance for Justice’s Judicial Selection Project webpage.

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