[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[Senate]
[Pages 7381-7382]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       NOMINATION OF GOODWIN LIU

  Mr. REID. Mr. President, several years ago we faced a confirmation 
crisis in the Senate. The majority at the time, the Republicans, were 
frustrated with the inefficient way the Senate was performing our 
constitutional duty of confirming Presidential nominees.
  Many of my colleagues on the other side of the aisle passionately 
argued that all judicial nominees deserve an up-or-down vote on the 
Senate floor. In their frustration, they threatened to dramatically 
change the purpose of the Senate and the minority protections for which 
it was designed. That would have, in a manner of speaking, blown up the 
institution. That is why it was known as the nuclear option.
  In the heat of this battle, several courageous Senators, Democrats 
and Republicans, agreed to a standard that would preserve the 
traditions of this great body, the Senate. They ensured the Senate 
could still provide the President its advice and consent, as the 
Constitution requires.
  The agreement was significant but very simple. It was this: Except in 
extraordinary circumstances, those nominated to be Federal judges would 
get an up-or-down vote. The minority would not stand in the way of that 
vote. The agreement was grounded in common sense.
  So far, in most cases, both sides have generally upheld that 
agreement. The

[[Page 7382]]

nomination about to be before us, however, is not one of those cases, 
and that is the nomination of Goodwin Liu.
  Goodwin Liu is an extremely well-qualified public servant and an 
impressive legal scholar. He was a Rhodes Scholar and clerked in the 
U.S. Supreme Court, which is something just a small percentage of 
graduates from law school have the opportunity to ever do; that is, to 
be a Supreme Court clerk. Goodwin Liu served as an associate dean at 
the California Berkeley School of Law and is still a professor there. 
He has done a significant amount of pro bono work. He even helped 
launch AmeriCorps. On top of that, he has lived the American dream. He 
is a highly successful son of immigrants.
  I think President Obama was wise to appoint him to the Ninth Circuit. 
So do a lot of Democrats and so do a lot of Republicans.
  Ken Starr--infamous as far as the Democrats go, the former White 
House special prosecutor--called Liu, who served in the Clinton 
administration, ``a person of great intellect, accomplishment, and 
integrity.''
  Former Republican Congressman Bob Barr, an extremely conservative 
former Federal prosecutor, also reviewed Liu's writings. He came away 
impressed with, as he said, ``his commitment to the Constitution and to 
a fair criminal justice system.''
  One of President Bush's former White House lawyers said Liu's views 
``fall well within the legal mainstream.''
  I could go on with more quotes from lawyers and legislators from the 
right and left and Independents, but we get the picture. Right, left, 
center--they think very highly of this good man.
  Everyone agrees Goodwin Liu's nomination is far from the 
``extraordinary circumstance'' that would warrant a filibuster. The 
only extraordinary things about Liu are his experience, his 
accomplishments, and his integrity.
  He should be confirmed. At the very least, he should undoubtedly 
deserve an up-or-down vote.
  But Senate Republicans have already forgotten the lessons of the 
nuclear option. Today they are threatening to block this highly 
qualified nominee from confirmation. Vacancies on the Federal bench 
delay justice for citizens seeking the help of our judicial system, and 
it isn't fair to leave in limbo well-qualified nominees.
  So I am forced now to file cloture in order to ensure Goodwin Liu 
gets the vote he deserves. It is regrettable it has come to this.
  As I file cloture, I remind my Republican colleagues once again that 
public servants are not political pawns. Goodwin Liu has dedicated his 
life to justice and fairness. As we consider his nomination, we owe 
someone of his caliber those same considerations.

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