GOP Senators Delay Vote on Liu

Senate Republicans continued today to express objections to federal appellate pick Goodwin Liu, delaying a committee vote on his nomination for at least another week.

Liu, nominated for the U.S. Court of Appeals for the 9th Circuit, has drawn as much opposition as any of President Barack Obama's other choices for the federal bench, and he is shaping up to be a test of Democrats' ability to push through controversial lower-court nominees.

The Liu nomination was on the agenda today for the Senate Judiciary Committee, until Republicans exercised their right under committee rules to delay a vote by one meeting. The vote and a committee debate are likely to occur May 13.

Sen. Jeff Sessions (R-Ala.), the committee’s top Republican, said he and his colleagues are still reviewing Liu’s record — including his answers (PDF) to written follow-up questions from senators. “We submitted a number of questions, and it appears that they all haven’t been fully answered,” Sessions said after today’s meeting.

Ed Whelan, a former U.S. Justice Department official who writes for National Review Online, has criticized Liu for ducking meaningful responses to the senators’ follow-up questions, though it is not uncommon for nominees to avoid specifics in such responses.

Before Liu’s confirmation hearing April 16, he acknowledged that his responses to the initial background questionnaire were incomplete. Democratic and Republican senators sparred over whether he had been more thorough than past judicial nominees.

Sessions also said today that Liu’s nomination would require “substantial floor debate” in the Senate, but he stopped short of promising a filibuster.

A law professor and associate dean at the University of California, Berkeley, Liu has written and spoken widely about affirmative action, education policy, and constitutional law. He’s been active in liberal legal groups such as the American Constitution Society, and he testified in 2006 against the confirmation of Justice Samuel Alito Jr., drawing the ire of GOP senators.

An earlier version of this post incorrectly spelled Ed Whelan's name.

Comments

[Mike Fong Zhu]

When average workers delay something, they are deemed irresponsible. When businesses delay on projects, they are breach of contract. When Senators delay, they "[exercise] their right". It seems Senators just cannot make tough decisions that the rest of us are expected to do. Do your job, Senators; cast an up/down vote; just don't delay.

Mike Fong Zhu, California

[Rick]

Republicans conveniently forget that they filibustered the nomination of Abe Fortas, when he was nominated by LBJ in 1968 to be the Chief Jusitce..I don't think another nomination to the SCOTUS was EVER filibustered....

And can Republicans please stop with the "judicial activism" blasts when referring to judicial nominees made by Democratic presidents....The translation of judicial activism is they (Republicans) don't like a decision so they come up with that label...

The irony is, if you want 2 glaring examples of judicial activism in the last 10 years, look no further than Bush V Gore, & Citizens United...Republicans like judicial activism when the result of a decision suits them...

As far as Goodwin Liu is concerend, democrats need to move quick on his nomination while they still have 59 Democrats in the senate, get him confirmed ASAP...

[GTFOOH]

Republicans didn't event Borking? Maybe you need to go back and see how many nominations were voted out of committee under Joe Biden and Patrick Lehey vs Orin Hatch. Republicans have always tried to take their ball and go home, when they can't win!

[Alex]

The Democrats filibustered Miguel Estrada, who had every single one of the credentials that Liu has -- and more, had actual experience arguing in appellate courts and the Supreme Court (where Liu has almost zero litigation experience). The Republicans should absolutely filibuster this disgraceful nomination, and I hope they do. Turnabout is fair play.

[Rick]

Bork got his vote...He was defeated 58-42, w/six Republicans voting no....No one denied him his up/down vote...No one denied any far right idealogue (Scalia, Thomas, Roberts, & Ailito) their vote...

Goodwin Liu, like any nominee for any court, deserves an up or down vote....That really is not too much to ask....

[Laurence J. Gillis]

He should be glad he is not being "Borked". He is just being delayed, and then only for one committee meeting. In any case, how insensitive of the Republicans to hold up the process !

Of course, the Republicans did not invent Borking, so maybe they are not as good at this stuff as they should be.

Larry Gillis, Cape Coral FL