Bench Memos

Media Matters on Goodwin Liu

The liberal lapdog Media Matters has a set of supposed “myths and falsehoods” about Ninth Circuit nominee Goodwin Liu.  I’ll stand by my own posts (a selected inventory of which is here) on all these matters, but can’t resist adding a couple of points:

1.  In defense of Liu’s advocacy of judicial invention of a broad range of constitutional welfare rights, Media Matters observes that “[p]rominent legal scholars have argued in favor of welfare rights” and includes among those legal scholars Georgetown law professor Peter Edelman.  What I find particularly amusing about this is that in 1994 President Clinton had signed off on nominating Edelman to a D.C. Circuit seat but reversed course and abandoned Edelman after George Will wrote a column (dated December 18, 1994) that exposed Edelman’s “cloaked agenda” on constitutional welfare rights.  So the Edelman example cuts in the opposite direction of what Media Matters imagines.  (Ditto for the other left-wing academics it mentions, none of whom would be fit for the bench.)

2.  In supposed support of Liu’s ridiculous “well qualified” rating from the ABA, Media Matters cites President Reagan’s nomination of Alex Kozinski to the Ninth Circuit in 1985.  But Kozinski received a much lower ABA rating:  majority “qualified” and minority “not qualified.”  Had the ABA given Liu the same rating, there would have been little cause to object.

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