Freedom Line Blog

To follow up on yesterday’s post, it now appears there is at least a reasonable chance that Republicans actually will muster the strength to block horrendous judicial nominee Goodwin Liu. Senate Minority Leader Mitch McConnell has been leading the charge, and he expressed optimism this morning. Here’s what Leader McConnell said to Jed Babbin a few mins ago on Laura Ingraham’s show: “This is a very bad nominee… I’m optimistic that we will be able to defeat the nomination.” In this morning’s Washington Post, “[ranking Judiciary Committe Republican Chuck] Grassley predicted that he had the votes lined up to block Liu from being confirmed.” Obviously it’s a bad idea to count chickens before they’ve hatched, but as McConnell said, there are reasons for optimism.

Meanwhile, even South Carolina’s Sen. Lindsey Graham, who has been annoyingly over-solicitous of Democrats for many years of judicial battles, sent a “Dear Republican Colleague” letter to all his fellow Senate Republicans. I’ll quote extensively from it:

“Only in the most extraordinary of circumstances, such as when a judicial nominee is ethically compromised or displays a fundamental disregard for the constitutional role of a judge, should the Senate prohibit them from office. Unfortunately, Goodwin Liu falls short of the minimum threshold for confirmation to the federal bench. I write today to urge a ‘no’ vote on the motion to invoke cloture on the nomination of Professor Goodwin Liu to the Ninth Circuit Court of Appeals…. The reasons for voting against cloture on Professor Liu’s nomination are undoubtedly ‘special and strong.’ Through his writings, Professor Liu has expressed preference for an extreme judicial philosophy that relies on a judge’s personal and subjective beliefs, not precedent and case law…. Unlike other nominees who have compiled lengthy records in the judiciary or government service, Professor Liu has spent the vast majority of his career in academia. That’s not disqualifying, of course, but his lack of broader experience fails to demonstrate an ability to uphold and respect the law in the face of personal disagreement.”

Graham then went on to provide a sample of Liu’s outrageous comments, and also blasted Liu for engaging in a “vicious personal attack on Justice Alito at the Judiciary Committee hearing considering his nomination to the Supreme Court.” Finally, Graham concluded: “Professor Liu has advocated for a staggeringly subjective and malleable judicial philosophy. Rather than deciding cases on the basis of law established by the political branches and past precedent, Professor Liu’s philosophy substitutes the role of the Judiciary for that of the Legislative and Executive branches of government. To Professor Liu, a federal judge may be less an impartial arbiter of justice than an advocate engaging in policymaking from the bench.”

Wow. That’s strong stuff. Coming from Graham, it may well convince wavering Republicans to stand strong against the nomination.