Goodwin Liu Confirmed to the Supreme Court

of California.  I don’t think that I noted his nomination when it happened, but I think that he will make a fine judge.  Though it is a loss to the academy.

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4 Responses

  1. Howard Wasserman says:

    And I believe there is a good chance he will be, assuming re-election, President Obama’s first post-2013 SCOTUS nomination. Obama has been willing to go outside the last-generation box in selecting his justices. Kagan had not been a judge, something that had not happened since Rehnquist in 1970. Why not a state Supreme Court justice, something that has not happened since Brennan 1956.

  2. Marc DeGirolami says:

    Howard, just curious about your comment. Assuming that the President is re-elected, do you think that his nomination of Justice Liu for the Supreme Court would depend on the Democrats carrying majorities in Congress as well? Since Justice Liu was so fiercely opposed as a nominee to the 9th Circuit when the Democrats held the Senate, wouldn’t the President really need both chambers to make this work for a slot on the Supreme Court?

  3. Marc DeGirolami says:

    Retraction…(shame-facedly)…wouldn’t the President need a much greater number of Senators in his corner to make the nomination to the Supreme Court work?

  4. Howard Wasserman says:

    Well, Obama definitely needs a majority. I have no idea what would happen if Obama is reelected with a GOP majority in the Senatel got use Breyer in 1995, but I’m not sure what it would get us in 2013. But perversely, I think it will be harder to filibuster a Supreme Court nominee than a court of appeals nominee because everyone will be watching a SCOTUS nomination. And when people are really paying attention, the “let’s have an up-or-down vote” argument may work better. So it may be easier to confirm Liu to SCOTUS than to the 9th Circuit, so long as the Democrats hold 50 seats (plus the VP).