August 11, 2010 Print
CitizenLink

Judicial Activism Taking Center Stage in Run-up to 2010 Elections

by Catherine Snow

What do U.S. Supreme Court Justice Elena Kagan, U.S. District Judge Vaughn R. Walker, U.S. District Judge Joseph L. Tauro and 9th U.S. Circuit Court of Appeals nominee Goodwin Liu have in common?

They all favor the redefinition of marriage and are known to have favor or participate in legislating from the bench.

  • U.S. Supreme Court Justice Elena Kagan: Though she answered during her confirmation process that there is “no federal constitutional right to same-sex marriage,” Kagan hedged on the issue during questioning. It is well-documented that she actively defended gay agenda priorities, including the overturning of “Don’t Ask, Don’t Tell” and the federal Defense of Marriage Act.
  • U.S. District Judge Vaughn R. Walker: Walker struck down California’s marriage amendment last week and said there is “no rational basis” to limiting marriage to being between one man and one woman.
  • U.S. District Judge Joseph L. Tauro: Tauro struck down the 1996 federal Defense of Marriage Act, citing that it was unconstitutional based on the 10th Amendment.
  • 9th Circuit Court of Appeals nominee Goodwin Liu: Liu has indicated that the 14th Amendment guarantees the right to same-sex marriage.  If nominated and confirmed, there is a slight chance he could weigh in on the California marriage amendment appeal.

This does not bode well for marriage between one man and one woman, which has been under legal attack for years, and is closer than ever to being ruled unconstitutional – depending on the makeup of the courts.

GOODWIN LIU

Prior to adjourning for the Aug. recess, Senate Republicans were successful in blocking several controversial nominations – including Liu, whom they blocked six times.

It is expected that Liu will be promptly re-nominated by the president, reconsidered by the Senate Judiciary Committee, and then rushed to the Senate floor when it reconvenes on Sept. 13.

During Liu’s nomination hearing, Sen. Jon Cornyn, R-Texas, said:

“(J)ust to be clear, professor Liu has never argued that the federal Constitution prohibits state laws that bar same-sex marriage – such as Proposition 8, which overturned the California Supreme Court’s decision.

“In his 2008 testimony to a joint hearing of California’s Senate and Assembly Judiciary Committees, for example, professor Liu noted that Proposition 8′s validity under the federal Constitution ‘is an open question,’ and that ‘history suggests that Prop. 8 will not be invalidated under federal law in the near future.’

“While Professor Liu was opposed to Prop. 8, he did not raise federal constitutional objections.”

With so much at stake, gay activists are not waiting for his re-nomination.

Liberal activist group, People for the American Way, activated its base today stating, “Republicans think they can get away with this procedural foot dragging because they think no one will notice. But they’re wrong.”

The liberal-leaning San Francisco Chronicle also lamented Liu’s nomination:

Goodwin Liu, a UC Berkeley law professor nominated by Obama for a federal appeals court, also has become a target of the right. His alleged radical sins? Liu has supported affirmative action, same-sex marriage and the commonsense notion that interpretation of the U.S. Constitution must reflect modern-day realities. He cleared the Judiciary Committee on a 12-7 vote in May – and now he waits, and waits, for a full Senate vote.

“Although Kagan, Walker and Tauro are out of the voter’s reach,” said Bruce Hausknecht, CitizenLink judicial analyst, “however, Liu’s nomination is still in play.”

TAKE ACTION
Ask your senator to vote ‘No’ on Goodwin Liu’s nomination Senate could vote on Liu’s nomination at any time.

FOR MORE INFORMATION
Watch the CitizenLink Report. Ron Prentice, volunteer chairman of ProtectMarriage.org, discusses the marriage amendment decision.

Read, “Lui’s Confirmation Conversion Rings Hollow.”

Read, “Goodwin Liu Radical Feminist and Threat to Freedom of Conscience.”

Read, “Sessions Asks Leahy for Liu Hearing Postponement.”

Read, “More Embarrassing Omissions and Admissions by Liu.”

Read, “Liu Nomination to the 9th Circuit Raises Opposition.”

Read, “Please, No More Liu-ni-ness at the 9th Circuit.”

Read, “Prof. Liu Would Be a Perfect Fit for the 9th Circuit.”



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