Ed has already noted Governor Brown’s unfortunate nomination of Goodwin Liu to the California Supreme Court. Bench Memos readers may remember that, back in August of 2010, my former colleague Gary Marx predicted such a possibility:
It is highly likely that whoever wins this race will go on to fill several vacancies on the state’s highest court and many more on the lower courts. That matters, especially when one considers the fact that California’s economy is one of the largest in the world, and that the most visible effort to legalize gay marriage started when the California Supreme Court ruled 4–3 that gay marriage is a fundamental right.
To her credit, Meg Whitman did her best to make judicial appointments an issue in the 2010 gubernatorial campaign. She attacked Brown’s awful record of judicial appointments and even ran the TV ad linked below. Unfortunately, the people of California opted for Brown anyway. If Goodwin Liu’s nomination is a reliable indicator, it looks like they also opted for another round of judicial appointments who view the bench as a super-legislature.