It appears that a couple of blogsโSupport Goodwin Liu (โSGLโ) and Confirm Goodwin Liu (โCGLโ)โhave been launched in support of Berkeley law professor Goodwin Liuโs nomination to the Ninth Circuit nomination. From a quick wade through the blogs, I see that they purport to take issue with two of my blog posts. Iโm pleased to report that the criticisms are ill-founded.
First, in response to my post demonstrating that the โmode of reasoningโ in an amicus brief that Liu submitted โclearly dictates that Liu โฆ believe[s] that Californiaโs definition of marriage violates the equal-protection guarantee of the federal Constitution,โ SGL repeats what I had already made crystal-clear: in my words, that the amicus brief argued that โCaliforniaโs definition of marriage as between a man and a woman violated the equal-protection guarantees of the state constitution.โ SGL tries to downplay the briefโs almost exclusive reliance on federal cases, but nowhere offers any reasoned explanation how the briefโs analysis of those cases would not apply with full force to the federal constitutional issue. Instead, SGL retreats to the artful evasion that Liu โhas never argued that the federal Constitution prohibits state laws that bar same-sex marriageโ and that Liu in testimony has stated the blindingly obvious point that โProposition 8โs validity under the federal Constitution โis an open question.โโ Yes, it is an open questionโbut itโs crystal-clear which way Liu would decide that open question.
Second, in response to my post demonstrating the contemptibly poor quality of Liuโs attacks on John Robertsโs nomination to the Supreme Court, Jonathan Singerโa student of Liuโs who runs CGLโdoesnโt take issue with a word that I wrote but contends that my post โis wholly lacking โฆ in the recognition that Liu was entirely correct in his estimation of the type of Chief Justice John Roberts would be.โ Well, if Liu had simply predicted that Roberts wouldnโt be to his liking on various issues, I wouldnโt have seen any point in taking issue with him. But instead he offered arguments that he purported to draw from Robertsโs โrecordโ and โlegal career.โ In his convenient disregard of Liuโs actual arguments, Singer displays the same contempt that Liu did for the integrity of reasoned argument.
Given the poor quality of argument that the pro-Liu blogs have displayed, I donโt intend to engage in an extended back-and-forth with them. That said, if I discover that any of my posts on Liu are in any respect mistaken, I will abide by my usual practice of acknowledging and correcting my mistakes.






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