Goodwin Liu
Encyclopedia
Goodwin Hon Liu is an American
lawyer and educator who currently serves as Associate Justice of the Supreme Court of California
. Before his appointment by California Governor
Jerry Brown
, Liu was Associate Dean and Professor of Law at the University of California, Berkeley School of Law
(Boalt Hall). Liu has been recognized for his writing on constitutional law
, education policy, civil rights
, and the Supreme Court
.
On February 24, 2010, President Barack Obama
nominated Liu to fill a vacancy on the U.S. Court of Appeals for the Ninth Circuit. For more than a year, Liu's nomination languished, amid significant opposition from Republicans in the U.S. Senate. On May 19, 2011, the Senate rejected cloture
on Liu's nomination in a 52-43 vote, and on May 25, 2011, Liu informed President Obama that he is withdrawing his name from consideration to the seat on the Ninth Circuit, telling the president that "With no possibility of an up-or-down vote on the horizon, my family and I have decided that it is time for us to regain the ability to make plans for the future." On July 29, 2011, President Obama formally notified the Senate
that he is withdrawing Liu's nomination for the 9th Circuit.
On July 26, 2011, Governor Jerry Brown
nominated Liu to a seat on the Supreme Court of California
, succeeding Associate Justice Carlos R. Moreno. He was sworn in on September 1, 2011.
descent. Born in Augusta, Georgia
, as the second son of Wen-Pen and Yang-Ching Liu, both of whom came to the United States from Taiwan in the late 1960s when foreign doctors were being recruited to work in underserved areas. Liu and his family moved to Clewiston, Florida
, shortly after his birth and then in 1977, they relocated to Sacramento, California
, where Liu graduated from Rio Americano High School
. He went to Stanford University
and earned a B.S.
in biology. While at Stanford, he was active in student politics as a member of the People's Platform, serving on the Council of Presidents of the ASSU. He attended Oxford University on a Rhodes Scholarship
and earned a M. Phil
in philosophy and physiology. Liu received his (J.D.) from Yale Law School
.
. She is the founding Executive Director of the UC Berkeley Center on Health, Economic & Family Security. Liu and his wife have one daughter, Violet, and one son, Emmett. Liu has run four marathons and is also a skilled chef and fisherman.
of the U.S. Court of Appeals for the D.C. Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg
, where among other things, he contributed a draft to her dissent in Bush v. Gore
. He also served as special assistant to the deputy secretary of the U.S. Department of Education and as senior program officer for higher education at the Corporation for National Service (AmeriCorps). He is also a former Chair of the Board of Directors of the American Constitution Society.
He is currently a professor at UC Berkeley and holds a seat on the Board of Trustees at nearby Stanford University
. He has been elected to the American Law Institute
and serves on the boards of the National Women's Law Center
, and the Alliance for Excellent Education
.
where he became Associate Dean and Professor of Law. In 2009 Liu was awarded the UC Berkeley Distinguished Teaching Award.
and expired with the sine die adjournment of the 111th Congress. He was renominated to the same position on the first full day of the 112th Congress. On April 7, 2011 the Senate Judiciary Committee reported his nomination to the floor of the Senate by a 10-8 vote.
Liu's nomination earned support from former Independent Counsel and Whitewater prosecutor Kenneth Starr
, former Associate White House Counsel to President George W. Bush
Richard Painter, former Acting Solicitor General
to President Bill Clinton
, Walter Dellinger and both of California's Senators Dianne Feinstein
and Barbara Boxer
, as well as gaining a "unanimous well-qualified" rating from an American Bar Association
committee that screens prospective judicial candidates on their competence, integrity and judicial temperament. His nomination was also supported and lauded by his fellow colleagues at UC Berkeley, including Christopher Edley, Jr.
and John Yoo
, and the director of the conservative Goldwater Institute
, Clint Bolick
, who praised his approachability and calm temprament.
However, Liu's nomination was harshly criticized by Senate Republicans for allegedly failing to disclose 117 of his more controversial writings and speeches. On April 6, 2010, Liu submitted the 117 requested items to the committee as a supplemental to the original questionnaire. The committee hearing had been postponed twice particularly due to Republican opposition to Liu's judicial qualifications and record. Liu defended his writings as a scholar by saying that "there’s a clear difference between what things people write as scholars and how one would approach the role of a judge". On April 6, 2010, a letter was sent to the Senate Judiciary Committee Chairman Patrick Leahy by the seven committee Republicans to request a third postponement, which was subsequently rejected. Liu was also criticized for lack of trial-level experience. Prior to his nomination, Liu had not served as a judge and had argued only one case at the appellate court level as a lawyer.
Liu's criticism of Judge John Roberts
and especially his statement during Samuel Alito
's Supreme Court nomination "Judge Alito's record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse; where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance, where a black man may be sentenced to death by an all-white jury for killing a white man, absent [an] analysis showing discrimination, is not the America we know. Nor is it the America we aspire to be" was targeted by Senate Republicans as proof of his lack of judicial temperament and partisanship, although Liu later apologized and said that his words were "unduly harsh".
On May 17, 2011, Senator Harry Reid
filed a cloture motion on Liu's nomination. On May 19, 2011, the Senate rejected cloture in a mostly party-line vote of 52-43, with all but one Democrat (Ben Nelson
) voting in favor of cloture and all but one Republican (Lisa Murkowski
) voting against. He became the first Obama judicial nominee to be successfully filibustered in the Senate. With the makeup of the Senate unlikely to change until after the 2012 election, Liu withdrew his name from consideration on May 25, 2011. On July 29, 2011, President Obama formally notified the Senate
that he is withdrawing Liu's nomination for the 9th Circuit.
nominated Liu to a seat on the Supreme Court of California
. In submitting his nomination, Brown said that "[Liu] is a nationally-recognized expert on constitutional law and has experience in private practice, government service and in the academic community. I know that he will be an outstanding addition to our state supreme court." Liu responded to his nomination with a prepared statement, "I’m deeply honored by Governor Brown’s nomination and look forward to the opportunity to serve the people of California on our state’s highest court."
On August 30, the state bar commission that screens all nominees gave Liu a "unanimously well qualified" rating, describing him as "brilliant, impartial, and with a work ethic second to none ... [h]e has an unwavering commitment to equal access to justice and will treat all litigants fairly, without regard to wealth or position in society." He was confirmed unanimously the next day by Chief Justice Tani Cantil-Sakauye
, state Attorney General Kamala Harris
, and Senior Appeals Court Justice Joan Dempsey-Klein. Ten witnesses testified in favor of his nomination and none testified against.
Liu was sworn in on September 1, 2011 and took the bench on September 6, sitting on a procedural issue regarding the controversial Perry v. Schwarzenegger
case.
, abortion rights, and same-sex marriage
and has been critical of Bush-era waterboarding policy and the death penalty. His positions are usually left-leaning; however, Liu has supported charter schools and government-funded vouchers for private schools, particularly if used as a tool to "promote racial diversity."
and Christopher H. Schroeder
); "Rethinking Constitutional Welfare Rights" in Stanford Law Review (2008); "History Will Be Heard: An Appraisal of the Seattle/Louisville Decision" in Harvard Law & Policy Review (2008); "Improving Title I Funding Equity Across States, Districts, and Schools," in Iowa Law Review (2008); "Seattle and Louisville" in California Law Review (2007); "Education, Equality, and National Citizenship" in Yale Law Journal (2006); and "Interstate Inequality in Educational Opportunity" in New York University Law Review (2006).
, PBS Newshour with Jim Lehrer, and National Public Radio. He has testified before the U.S. Senate Judiciary Committee, the California Assembly Education Committee, and the California Assembly and Senate Judiciary Committees.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and educator who currently serves as Associate Justice of the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
. Before his appointment by California Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
, Liu was Associate Dean and Professor of Law at the University of California, Berkeley School of Law
UC Berkeley School of Law
The University of California, Berkeley, School of Law, commonly referred to as Berkeley Law and Boalt Hall, is one of 14 schools and colleges at the University of California, Berkeley. Berkeley Law is consistently regarded as an elite and prestigious law school...
(Boalt Hall). Liu has been recognized for his writing on constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, education policy, civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, and the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
On February 24, 2010, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
nominated Liu to fill a vacancy on the U.S. Court of Appeals for the Ninth Circuit. For more than a year, Liu's nomination languished, amid significant opposition from Republicans in the U.S. Senate. On May 19, 2011, the Senate rejected cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
on Liu's nomination in a 52-43 vote, and on May 25, 2011, Liu informed President Obama that he is withdrawing his name from consideration to the seat on the Ninth Circuit, telling the president that "With no possibility of an up-or-down vote on the horizon, my family and I have decided that it is time for us to regain the ability to make plans for the future." On July 29, 2011, President Obama formally notified the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
that he is withdrawing Liu's nomination for the 9th Circuit.
On July 26, 2011, Governor Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
nominated Liu to a seat on the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
, succeeding Associate Justice Carlos R. Moreno. He was sworn in on September 1, 2011.
Early life and education
Liu is of TaiwaneseTaiwanese people
Taiwanese people may refer to individuals who either claim or are imputed cultural identity focused on the island of Taiwan and/or Taiwan Area which have been governed by the Republic of China since 1945...
descent. Born in Augusta, Georgia
Augusta, Georgia
Augusta is a consolidated city in the U.S. state of Georgia, located along the Savannah River. As of the 2010 census, the Augusta–Richmond County population was 195,844 not counting the unconsolidated cities of Hephzibah and Blythe.Augusta is the principal city of the Augusta-Richmond County...
, as the second son of Wen-Pen and Yang-Ching Liu, both of whom came to the United States from Taiwan in the late 1960s when foreign doctors were being recruited to work in underserved areas. Liu and his family moved to Clewiston, Florida
Clewiston, Florida
Clewiston is a city in Hendry County, Florida. The population was 6,460 at the 2000 census. According to the U.S Census estimates of 2005, the city had a population of 7,173. Clewiston is home to the Ah-Tah-Thi-Ki Museum and the Clewiston Museum.-History:...
, shortly after his birth and then in 1977, they relocated to Sacramento, California
Sacramento, California
Sacramento is the capital city of the U.S. state of California and the county seat of Sacramento County. It is located at the confluence of the Sacramento River and the American River in the northern portion of California's expansive Central Valley. With a population of 466,488 at the 2010 census,...
, where Liu graduated from Rio Americano High School
Rio Americano High School
Rio Americano High School, colloquially known as Rio, is an American public high school in Sacramento, California, serving students in grades 9 through 12 as part of the San Juan Unified School District. Brian T. Ginter is the principal...
. He went to Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
and earned a B.S.
Bachelors Of Science
Bachelors of Science is the stage name of Phil "Rene", Chris and Lukeino. They met in California and formed a successful act, quickly becoming one of the top drum and bass producers in the electronic music scene...
in biology. While at Stanford, he was active in student politics as a member of the People's Platform, serving on the Council of Presidents of the ASSU. He attended Oxford University on a Rhodes Scholarship
Rhodes Scholarship
The Rhodes Scholarship, named after Cecil Rhodes, is an international postgraduate award for study at the University of Oxford. It was the first large-scale programme of international scholarships, and is widely considered the "world's most prestigious scholarship" by many public sources such as...
and earned a M. Phil
Master of Philosophy
The Master of Philosophy is a postgraduate research degree.An M.Phil. is a lesser degree than a Doctor of Philosophy , but in many cases it is considered to be a more senior degree than a taught Master's degree, as it is often a thesis-only degree. In some instances, an M.Phil...
in philosophy and physiology. Liu received his (J.D.) from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
.
Personal
Liu is married to Ann O'Leary, the daughter of a social worker and a union leader, who grew up in Orono, MaineOrono, Maine
Orono is a town in Penobscot County, Maine, United States. It was first settled in 1774 and named in honor of Chief Joseph Orono of the Penobscot Nation. It is home to The University of Maine. The population was 10,362 at the 2010 census.- Geography :...
. She is the founding Executive Director of the UC Berkeley Center on Health, Economic & Family Security. Liu and his wife have one daughter, Violet, and one son, Emmett. Liu has run four marathons and is also a skilled chef and fisherman.
Career
Liu initially worked an appellate litigator at O'Melveny & Myers in Washington. He later clerked for Judge David S. TatelDavid S. Tatel
David S. Tatel is an American jurist who has been a judge on the United States Court of Appeals for the District of Columbia Circuit since 1994.-Career:...
of the U.S. Court of Appeals for the D.C. Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
, where among other things, he contributed a draft to her dissent in Bush v. Gore
Bush v. Gore
Bush v. Gore, , is the landmark United States Supreme Court decision on December 12, 2000, that effectively resolved the 2000 presidential election in favor of George W. Bush. Only eight days earlier, the United States Supreme Court had unanimously decided the closely related case of Bush v...
. He also served as special assistant to the deputy secretary of the U.S. Department of Education and as senior program officer for higher education at the Corporation for National Service (AmeriCorps). He is also a former Chair of the Board of Directors of the American Constitution Society.
He is currently a professor at UC Berkeley and holds a seat on the Board of Trustees at nearby Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
. He has been elected to the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
and serves on the boards of the National Women's Law Center
National Women's Law Center
The National Women's Law Center is a Washington, DC-based non-profit organization founded in 1972. Through litigation and policy initiatives, the Center strives to improve the lives of women and their families in the areas of health, employment, family economic security, and education...
, and the Alliance for Excellent Education
Alliance for Excellent Education
The Alliance for Excellent Education is a national policy, research and advocacy organization that works to develop a national consensus and policy agenda to transform American high schools. To do this, AEE advocates at the federal level for funding and policies to ensure resources are targeted to...
.
Professorship
He took a job at Boalt Hall at the University of California, BerkeleyUniversity of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
where he became Associate Dean and Professor of Law. In 2009 Liu was awarded the UC Berkeley Distinguished Teaching Award.
Nomination to the Ninth Circuit
On February 24, 2010, President Obama nominated Liu to a new judgeship seat on the Ninth Circuit created by the Court Security Improvement Act of 2007; which became effective on January 21, 2009. His nomination was filibustered by Republicans in the SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and expired with the sine die adjournment of the 111th Congress. He was renominated to the same position on the first full day of the 112th Congress. On April 7, 2011 the Senate Judiciary Committee reported his nomination to the floor of the Senate by a 10-8 vote.
Liu's nomination earned support from former Independent Counsel and Whitewater prosecutor Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
, former Associate White House Counsel to President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
Richard Painter, former Acting Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
to President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
, Walter Dellinger and both of California's Senators Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
and Barbara Boxer
Barbara Boxer
Barbara Levy Boxer is the junior United States Senator from California . A member of the Democratic Party, she previously served in the U.S. House of Representatives ....
, as well as gaining a "unanimous well-qualified" rating from an American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
committee that screens prospective judicial candidates on their competence, integrity and judicial temperament. His nomination was also supported and lauded by his fellow colleagues at UC Berkeley, including Christopher Edley, Jr.
Christopher Edley, Jr.
Christopher Fairchild Edley, Jr. is Dean of the University of California, Berkeley School of Law . After receiving his undergraduate degree from Swarthmore College, he attended Harvard Law School, where he later served as a professor. He is married to Maria Echaveste, former deputy chief of staff...
and John Yoo
John Yoo
John Choon Yoo is an American attorney, law professor, and author. As a former official in the United States Department of Justice during the George W...
, and the director of the conservative Goldwater Institute
Goldwater Institute
The Goldwater Institute is a Phoenix, Arizona-based conservative public policy research organization established in 1988. The president is Darcy A. Olsen. The Goldwater Institute advances public policies with emphasis on lower taxes, limited government spending, school choice, and a reduction in...
, Clint Bolick
Clint Bolick
Clint Bolick , is an American attorney and the director of the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation in Phoenix, Arizona....
, who praised his approachability and calm temprament.
However, Liu's nomination was harshly criticized by Senate Republicans for allegedly failing to disclose 117 of his more controversial writings and speeches. On April 6, 2010, Liu submitted the 117 requested items to the committee as a supplemental to the original questionnaire. The committee hearing had been postponed twice particularly due to Republican opposition to Liu's judicial qualifications and record. Liu defended his writings as a scholar by saying that "there’s a clear difference between what things people write as scholars and how one would approach the role of a judge". On April 6, 2010, a letter was sent to the Senate Judiciary Committee Chairman Patrick Leahy by the seven committee Republicans to request a third postponement, which was subsequently rejected. Liu was also criticized for lack of trial-level experience. Prior to his nomination, Liu had not served as a judge and had argued only one case at the appellate court level as a lawyer.
Liu's criticism of Judge John Roberts
John Roberts
John Glover Roberts, Jr. is the 17th and current Chief Justice of the United States. He has served since 2005, having been nominated by President George W. Bush after the death of Chief Justice William Rehnquist...
and especially his statement during Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
's Supreme Court nomination "Judge Alito's record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse; where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance, where a black man may be sentenced to death by an all-white jury for killing a white man, absent [an] analysis showing discrimination, is not the America we know. Nor is it the America we aspire to be" was targeted by Senate Republicans as proof of his lack of judicial temperament and partisanship, although Liu later apologized and said that his words were "unduly harsh".
On May 17, 2011, Senator Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
filed a cloture motion on Liu's nomination. On May 19, 2011, the Senate rejected cloture in a mostly party-line vote of 52-43, with all but one Democrat (Ben Nelson
Ben Nelson
Earl Benjamin "Ben" Nelson is the senior U.S. Senator from Nebraska. He is a member of the Democratic Party and was elected to the U.S. Senate in 2000....
) voting in favor of cloture and all but one Republican (Lisa Murkowski
Lisa Murkowski
Lisa Ann Murkowski is the senior U.S. Senator from the State of Alaska and a member of the Republican Party. She was appointed to the Senate in 2002 by her father, Governor Frank Murkowski. After losing a Republican primary in 2010, she became the second person ever to win a U.S...
) voting against. He became the first Obama judicial nominee to be successfully filibustered in the Senate. With the makeup of the Senate unlikely to change until after the 2012 election, Liu withdrew his name from consideration on May 25, 2011. On July 29, 2011, President Obama formally notified the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
that he is withdrawing Liu's nomination for the 9th Circuit.
California Supreme Court
On July 26, 2011, California Gov. Jerry BrownJerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
nominated Liu to a seat on the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
. In submitting his nomination, Brown said that "[Liu] is a nationally-recognized expert on constitutional law and has experience in private practice, government service and in the academic community. I know that he will be an outstanding addition to our state supreme court." Liu responded to his nomination with a prepared statement, "I’m deeply honored by Governor Brown’s nomination and look forward to the opportunity to serve the people of California on our state’s highest court."
On August 30, the state bar commission that screens all nominees gave Liu a "unanimously well qualified" rating, describing him as "brilliant, impartial, and with a work ethic second to none ... [h]e has an unwavering commitment to equal access to justice and will treat all litigants fairly, without regard to wealth or position in society." He was confirmed unanimously the next day by Chief Justice Tani Cantil-Sakauye
Tani Cantil-Sakauye
Tani Gorre Cantil-Sakauye , a Filipina-American jurist, is the 28th Chief Justice of California. Nominated by Governor Arnold Schwarzenegger for California's highest judicial office on July 22, 2010, and retained in office by California voters on November 2, 2010, she was sworn in on January 3, 2011...
, state Attorney General Kamala Harris
Kamala Harris
Kamala Devi Harris is an American attorney. She is the 32nd and current Attorney General of California following the 2010 California state elections. Harris has worked as an author and a politician and has served as District Attorney of San Francisco since 2004...
, and Senior Appeals Court Justice Joan Dempsey-Klein. Ten witnesses testified in favor of his nomination and none testified against.
Liu was sworn in on September 1, 2011 and took the bench on September 6, sitting on a procedural issue regarding the controversial Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
case.
Positions
Liu is socially liberal. He has written in favor of affirmative actionAffirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
, abortion rights, and same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
and has been critical of Bush-era waterboarding policy and the death penalty. His positions are usually left-leaning; however, Liu has supported charter schools and government-funded vouchers for private schools, particularly if used as a tool to "promote racial diversity."
Publications
Liu's recent work includes "Keeping Faith with the Constitution" (2009) (with Pamela S. KarlanPamela S. Karlan
Pamela Susan Karlan is a professor of law at Stanford Law School and a leading liberal legal scholar on voting rights and the political process.- Early life and education :...
and Christopher H. Schroeder
Christopher H. Schroeder
Christopher Henry Schroeder is the Assistant Attorney General for the Office of Legal Policy for the United States Department of Justice. He also is the Charles S...
); "Rethinking Constitutional Welfare Rights" in Stanford Law Review (2008); "History Will Be Heard: An Appraisal of the Seattle/Louisville Decision" in Harvard Law & Policy Review (2008); "Improving Title I Funding Equity Across States, Districts, and Schools," in Iowa Law Review (2008); "Seattle and Louisville" in California Law Review (2007); "Education, Equality, and National Citizenship" in Yale Law Journal (2006); and "Interstate Inequality in Educational Opportunity" in New York University Law Review (2006).
Accomplishments and awards
In 2007, Liu’s work won the Education Law Association's Steven S. Goldberg Award for Distinguished Scholarship in Education Law. In 2009, Professor Liu won the UC Berkeley Distinguished Teaching Award, the university's most prestigious award for excellence in teaching. The Boalt Hall Class of 2009 selected him as the faculty commencement speaker.Appearances
Liu is a frequent commentator on constitutional law and education policy in general media, including the New York Times, Washington Post, Los Angeles TimesLos Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
, PBS Newshour with Jim Lehrer, and National Public Radio. He has testified before the U.S. Senate Judiciary Committee, the California Assembly Education Committee, and the California Assembly and Senate Judiciary Committees.
See also
- Barack Obama judicial appointment controversiesBarack Obama judicial appointment controversiesAs of December 2010, President Barack Obama has nominated one hundred five individuals for federal judgeships. The overwhelming majority of them have been filibustered, only to eventually be confirmed by wide or unanimous margins. To date, four of the filibusters have been brought to a cloture vote...
- List of law clerks of the Supreme Court of the United States
- Barack Obama Supreme Court candidatesBarack Obama Supreme Court candidatesPresident Barack Obama has made two successful appointments to the Supreme Court of the United States. The first was that of Judge Sonia Sotomayor to fill the vacancy created by the retirement of Associate Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6,...