Last Friday, President Barack Obama’s nominee for the Ninth Circuit Court of Appeals, University of California at Berkeley law school Associate Dean Goodwin Liu, testified before the Senate Judiciary Committee. It was not the first time Liu was before this Senate panel. In 2006 Liu testified against Supreme Court Justice Samuel Alito claiming Alito’s record was “not the mainstream.” Liu also spoke out against Chief Justice John Roberts nomination in 2005. But now that the Senate was examining his qualifications, Liu offered this spirited defense of his past legal writings: …
I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United States. So help me God. – The Judicial Oath, USC Title 28, Section 453. Whether born from experience or inherent physiological or cultural differences … our gender and national origins may and will make a difference in our judging. Justice …
In its editorial today endorsing Judge Sonia Sotomayor’s nomination to the Supreme Court, the New York Times makes a bizarre claim that, if true, is extremely troubling. Sotomayor, the paper claims, has not only “repeatedly displayed the empathy” espoused by President Obama, but gone a step further: “She has shown little patience for the sort of procedural bars that conservative judges have been using to close the courthouse door on people whose rights have been violated.” Those “procedural bars” that the Times bemoans are no less important, and no less …
Eight hours later, and it’s already become an old canard: Judge Sonia Sotomayor’s elevation to the High Court won’t affect its balance one bit. It may be an effective talking point—the Left seems to think so—but it isn’t true. Consider just one area of law, business law. As concerns businesses and economic matters, Justice David Souter often rejected the activist “empathy” standard promoted by President Barack Obama to instead cast votes and write opinions that are in accord with the demands of the Constitution and the rule of law. Judge …
Issues Facing Latino Judiciary symposium sponsored by the Berkeley La Raza Law Journal, October 2001: I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion [as a judge] than a white male who hasn’t lived that life. Yet, because I accept the proposition that, as Judge Resnik describes it, “to judge is an exercise of power” and because as, another former law school classmate, Professor Martha Minnow of Harvard Law School, states “there is no objective stance …
This morning, President Barack Obama announced the nomination of Judge Sonia Sotomayor to the Supreme Court of the United States. While this may seem like the culmination of a long process, it actually marks just the beginning–really, the very first step–of the confirmation process laid out in our Constitution. President Obama’s aggressive confirmation timetable–he is demanding hearings and a vote before Congress leaves for its August recess–risks shortchanging the Constitution’s commands. The Appointments Clause (in Section 2 of Article II) states that the President “shall nominate, and by and with …
