It appears that a couple of blogsโ€”Support Goodwin Liu (โ€œSGLโ€) and Confirm Goodwin Liu (โ€œCGLโ€)โ€”have been launched in support of Berkeley law professor Goodwin Liuโ€™s 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. Iโ€™m pleased to report that the criticisms are ill-founded.

First, in response to my post demonstrating that the โ€œmode of reasoningโ€ in an amicus brief that Liu submitted โ€œclearly dictates that Liu โ€ฆ believe[s] that Californiaโ€™s 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 โ€œCaliforniaโ€™s 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 briefโ€™s almost exclusive reliance on federal cases, but nowhere offers any reasoned explanation how the briefโ€™s analysis of those cases would not apply with full force to the federal constitutional issue. Instead, SGL retreats to the artful evasion that Liu โ€œhas 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 โ€œProposition 8โ€™s validity under the federal Constitution โ€˜is an open question.โ€™โ€ Yes, it is an open questionโ€”but itโ€™s crystal-clear which way Liu would decide that open question.

Second, in response to my post demonstrating the contemptibly poor quality of Liuโ€™s attacks on John Robertsโ€™s nomination to the Supreme Court, Jonathan Singerโ€”a student of Liuโ€™s who runs CGLโ€”doesnโ€™t take issue with a word that I wrote but contends that my post โ€œis wholly lacking โ€ฆ 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 wouldnโ€™t be to his liking on various issues, I wouldnโ€™t have seen any point in taking issue with him. But instead he offered arguments that he purported to draw from Robertsโ€™s โ€œrecordโ€ and โ€œlegal career.โ€ In his convenient disregard of Liuโ€™s 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 donโ€™t 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.