
On February 24, 2010, President Obama nominated the well-qualified and highly regarded legal scholar Goodwin Liu, Associate Dean and Professor at Berkeley Law School, to fill a seat on the Ninth Circuit, one of the busiest appellate courts in the country. Despite being voted out of the Judiciary Committee in May, Professor Liu never received a vote on the Senate floor during the last Congress, one of many victims of the unprecedented obstruction by Senate Republicans of the President’s judicial nominees. As a result, Liu’s nomination “died” at the end of the Congress, and Liu has now been forced to endure the further delay of re-nomination and yet another hearing before the Judiciary Committee, scheduled for this Wednesday, March 2, 2011.
The judgeship to which Professor Liu has been nominated is a new seat, added to the Ninth Circuit by legislation co-sponsored by Senators Jon Kyl (R-AZ) and Dianne Feinstein (D-CA) to help meet what the two Senators called “a judicial emergency so severe that judges [on the Ninth Circuit] have the highest caseload in the nation.” Senator Kyl elaborated on the very real harms suffered by individual Americans when our nation’s courts are understaffed:
But the seat still sits empty, a year after Professor Liu’s nomination, and the situation has gotten even worse. The vacancy is now one of three on the Ninth Circuit, each of them denominated a “judicial emergency” by the federal judiciary because of the court’s staggering