Controversial Nominee Approved to Court in Time for Prop. 8 Hearing

[William769]

The California Supreme Court will include a new voice, Goodwin Liu, on the bench when it hears a Proposition 8 case Tuesday.

The court is set to decide whether supporters of the Proposition 8 amendment can defend it in a court challenge if the state government won't. Liu has been a vocal proponent of gay rights, and his nomination to a federal appeals court by President Obama was scuttled earlier this year in part because he once said defining marriage only as a union between one man and one woman is unconstitutional.

But Liu's nomination was unanimously approved today by the state Commission on Judicial Appointments, which reviews nominees. So it seems Liu was too liberal for Washington and the Senate Republicans who delayed a vote on his nomination, but not for California.

The Los Angeles Times reports that no one testified against Liu. Letters against Liu's nomination by California governor Jerry Brown included one from Judicial Watch, a conservative group that called Liu an "activist" — a label repeated many times in Washington before Liu withdrew his own nomination.

http://www.advocate.com/News/Daily_News/2011/09/01/Controversial_Nominee_Approved_to_Court_in_Time_for_Prop_8_Hearing/

[dsc]

1. This could bite us on the ass

Many principled liberals have a wide definition of standing which would be the opposite of what we would want to happen in this case. I actually believe that they do have standing as should any citizen when the government refuses to defend laws.

[William769]

2. We shall see.

I personnaly don't have a problem with the Government not defending a law when it affects the rights of a minority, until the court steps in to settle the case.