The fight for America is far from over. Obama has nominated a “living Constitutionalist” to the ninth circuit. If he is confirmed, all sorts of ill gains from the socialist left will ensue.
The Republicans need to fight this one tooth and nail.
If You Think Obamacare Is Bad…
Posted by Ilya Shapiro
Today the Senate Judiciary Committee will hold a hearing for the nomination of 39-year-old Berkeley law professor Goodwin Liu to the U.S. Court of Appeals for the Ninth Circuit. Liu’s confirmation would compromise the judiciary’s check on legislative overreach and push the courts not only to ratify such constitutional abominations as the individual health insurance mandate but to establish socialized health care as a legal mandate itself.
Yesterday Cato legal associate Evan Turgeon and I published an op-ed on the Liu nomination in the Daily Caller. Here are some highlights:
While Liu purports to develop an original approach [to constitutional interpretation], his nuanced methodology fails to generate a novel result. He may “suggest a more cautious and discriminating judicial role than one that is guided by a comprehensive moral theory,” but it is impossible to imagine a case in which Liu would reach a different outcome than a judge employing the (disfavored) “Living Constitution” analysis. And this is not surprising, given that the stated purpose of Liu’s scholarship is to establish legal justifications for “rights” foreign to the Enlightenment tradition on which our republic rests — those that make demands on others (unlike, say, the right to free speech, which makes no demands on anyone).
Judicial Watch responds:
Letter to the Senate Judiciary Committee
Washington, DC — March 24, 2010
The Honorable Patrick J. Leahy
Chairman
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510The Honorable Jeff Sessions
Ranking Member
United States Senate
Committee on the Judiciary
152 Dirksen Senate Office Building
Washington, DC 20510Dear Chairman Leahy and Senator Sessions:
Judicial Watch is a non-partisan, educational foundation that advocates for transparency, accountability, and transparency in government, politics, and the law. Judicial Watch is America’s largest and most effective government watchdog, with nearly 200,000 active supporters who are committed to the rule of law.
We have grave concerns about the pending nomination of Goodwin Liu to be United States Circuit Judge for the Ninth Circuit.
In a book he co-authored, Keeping Faith with the Constitution, Mr. Liu suggests that the Constitution should be interpreted using the “evolving norms and traditions of our society.” This activist theory for interpreting the Constitution would substitute the whims of individual judges over the text and original meaning of the U.S. Constitution. A copy of this book is available here (http://www.acslaw.org/keepingfaith).
Truth, Lies and In Between 