Home -> Law Blog Directory -> Law Students Blogs -> Nuts & Boalts

Law Students

: Nuts & Boalts

Ninth Circuit Going to the Liu?

Law students generally don't get a chance to see the Recorder, so I thought I'd point out an article that may be of interest (it is available online too, but for subscribers only [EDIT: Patrick provides a link]). The Ninth Circuit currently has two vacancies--one seat transplanted from the D.C. Circuit (which is considered a "Calfornia slot"), and a second that is actually a disputed seat between California and Idaho.

So whose name is the first brought up by the Recorder as a "likely aspirant" for the vacancy? None other than Boalt's own Goodwin Liu. Could Prof. Liu really become a Ninth Circuit judge at the tender age of 38? I don't think anyone doubts his intellectual ability, and he certainly has the credentials. Having been in a seminar of his a few years back, I can vouch for his intellectual curiosity, willingness to countenance all sides of a debate, and a patient temperament well suited to the judiciary (he would be a welcome balance to fiery personalities like Kozinski or Reinhardt).

This begs the question, though, as to whether he could be confirmed. It is not just that Prof. Liu has very progressive views on controversial topics (including race and education)--it's that he has written widely on these views, and has often been quoted in newspapers, legal publications and on television. He also testified against the confirmation of Justice Alito. While I believe Prof. Liu would be a cautious and thoughtful judge, it is easy to imagine conservatives making an example out of someone with his track record and paper trail.

Which is why, if Liu truly does want to be a judge, now may be the time to go for it. Despite (or maybe because of) the current economic climate, Democrats' political capital will never be higher, and so now would seem to be Liu's best chance for confirmation. Not to mention that if he becomes a judge in the next couple years, his government pension will kick in when he is only in his mid-fifties.

The Recorder does point out that current district court judges are the most likely to be appointed, so it is difficult to say at this point whether Liu truly is a potential candidate. Irregardless, I hope Liu stays at Boalt, and all the better if it is in the same role as Prof./Judge Fletcher.

Full post as published by Nuts & Boalts on March 18, 2009 (boomark / email).