Goodwin Liu, UC Berkeley Professor, Confirmed To California Supreme Court

SAN FRANCISCO — A U.C. Berkeley law professor whose nomination to a federal appeals court was blocked by Senate Republicans was unanimously approved Wednesday for the California Supreme Court.

The state's three-member Commission on Judicial Appointments unanimously voted for Goodwin Liu's nomination, and Gov. Jerry Brown was scheduled to swear Liu in on Thursday.

"This has to be the most peaceful and enjoyable judicial appointment conference in the country," Liu said to laughter from about 100 spectators who filled the state Supreme Court chamber to watch the hearing.

Several influential Republican senators who took exception to Liu's outspoken opposition to Samuel Alito's 2006 appointment to the U.S. Supreme Court prevented Liu from becoming a member of the 9th U.S. Circuit Court of Appeals after President Barack Obama nominated him for that post last year.

Liu came to Brown's attention during the bruising confirmation process for the appeals court. Brown said he began discussing the state Supreme Court vacancy with the law professor after Liu withdrew from consideration in May.

The governor nominated Liu in July to fill the vacancy created by the retirement of Carlos Moreno, the high court's only Latino.

Of the 1,500 letters the judicial commission received, only about two dozen opposed Liu's appointment, and all speakers at Wednesday's hearing spoke in support of him. The three members voted after just a few questions.

Liu will be put to work immediately. The court is scheduled to hear arguments on Tuesday on whether the financial backers of the measure that banned gay marriage can appeal a federal judge's decision striking down the ban.

Liu signed onto a 2008 legal brief with other law professors arguing that same-sex couples were legally entitled to marry.

That position was a source of criticism in Washington during his unsuccessful bid for the federal appeals court. Judicial Watch, a Washington, D.C.-based legal advocacy group, brought it up again in a letter to the California commission as one example of several that he was an "activist" judge unfit for the bench.

The Commission on Judicial Nominees, which is tasked with vetting state judicial nominees, reported to Brown that Liu was "exceptionally well qualified."

Liu, 40, is the son of Taiwanese immigrant doctors, He was born in Georgia, grew up in Sacramento and earned an undergraduate degree from Stanford University and a law degree from Yale University. He later clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg.

Liu was Brown's first judicial appointment since becoming governor in January.

During Brown's first tenure as governor between 1975 and 1983, he appointed Rose Bird as California's first female appointment to the high court. But she was voted out of office in 1986 along with two other colleagues who opposed the death penalty.

Comments

[Kevin Norte]

05:59 PM on 09/03/2011

SEPTEMBER 2011: Justice Liu's first case will be Proposition 8. The question is can private individuals ever pursue or buy an appeal to remove an individual's civil rights by a simple majority vote of the state's citizens.

California has a long history of statutorily authorizing so called "private attorney general statutes" in the commercial context. I know of no authority on civil rights matters.

The California Supreme Court held that there a power of the people is to vote to remove the civil rights of those you disagree with. Now the California Supreme Court has to rule on whether Focus On Family has the right to second guess the decisions of the governor and attorney general on matters of civil rights. In this context, it appears that they will inherently be ruling on whether civil rights up for sale in California. It is morally and spiritually disgusting that the California Supreme Court even has to wonder what the correct answer is. Harvey Milk, the Martyr Saint of Castor Street must be turning over in his grave on this one.

On September 6, 2011, the California Supreme Court should make the correct decision. That decision is that Civil Rights in California are not up for sale and that privately financed "private attorney general" appeals regarding Civil Rights cannot be

[dbrett480]

10:31 PM on 09/01/2011

Call me crazy, but I don't see how someone with absolutely no judicial experience can serve as a judge on the State Supreme Court.

[NickfromCali]

06:33 PM on 09/01/2011

I want to see headline "UC Berkeley Law Professor Fired, Stripped of All Rights to Work, or Collect Benefits in United States"

The professor: John Yoo

[Cogburn]

10:15 PM on 09/01/2011

What does this revenge fantasy of yours have to do with Liu's appointment?

[eyecon]

09:54 PM on 08/31/2011

IIRC, Moreno was the lone dissenting vote in the Prop 8 case. Liu should be the perfect replacement. Frankly, it was a travesty that he was not confirmed for a federal appointment.

[Matt Chernesky]

09:00 PM on 08/31/2011

When will the Republicans stop messing with the judicial system? Stop being so stubborn and childish.

[Cogburn]

10:10 PM on 09/01/2011

Yes, "childish." Because Democrats have never blocked a judicial appointment for political reasons. Clearly, the verb "Bork" has entered our lexicon because of the actions of Republicans.

[Ronaldus785]

08:51 PM on 08/31/2011

Oh well, his expertise will serve California well. Too bad it won't serve the rest of the union on a federal level. You snooze you lose.

Judicial politics is not a game and undermines our democracy.

[Cacey]

07:59 AM on 09/01/2011

In fact his expertise on our court may well serve the rest of the Union in an even better way given how the rest of the nation usually follows California over time.

[Cogburn]

10:14 PM on 09/01/2011

"given how the rest of the nation usually follows California over time."

True. Unfortunately, the California Supreme Court reaches the wrong result about half the time. We can thank them for the widespread adoption of the doctrine of offensive non-mutual collateral estoppel and absurd amount of harm that has caused.

[corwin]

12:37 AM on 09/02/2011

Diffidently, I have to ask you if you've taken your Haldol?