Lee Opposes Appellate Court Nomination

May 19, 2011

Lee Opposes Appellate Court Nomination

WASHINGTON – Today, Senator Mike Lee expressed his profound
objection to the nomination of Goodwin Liu as a Judge on the U.S. Court of
Appeals for the Ninth Circuit.  In a
speech on the Senate floor, Senator Lee articulated two primary reasons for
opposing the nomination.

“First, I am truly dismayed by the lack of judgment
displayed in Professor Liu’s 2006 testimony regarding the confirmation of
Samuel Alito as an Associate Justice of the Supreme Court,” said Lee, a member
of the Senate Judiciary Committee and former Assistant U.S. Attorney. 

During the confirmation hearing of Justice Alito, Liu made
controversial and inflammatory remarks misrepresenting Justice Alito’s judicial
record.

“His comments about Justice Alito were offensive not simply
because they were unhelpful in his confirmation process, but because they were
a misleading and unwarranted personal attack on a dedicated public servant.”

“Professor Liu’s treatment of Justice Alito, and his last minute
and incomplete handling of the concerns raised by his remarks, lead me to
believe that he lacks the judgment and discretion to be confirmed to a
life-tenured position in the judiciary.”

Senator Lee also explained that “the judicial philosophy
espoused by Professor Liu is fundamentally inconsistent with the judicial
mandate to be a neutral arbiter of the Constitution and to uphold the rule of
law.”

“Throughout the course of numerous speeches, articles, and
books, Professor Liu has championed a philosophy that in my judgment is
incompatible with faithfully discharging the duties of an appellate court judge
in our constitutional republic,” he added.

Lee concluded: “Professor Liu’s appalling treatment of
Justice Alito leaves grave doubt in my mind as to whether he possesses the
requisite judgment to serve as a life-tenured judge.  And I have come to the conclusion that
Professor Liu’s extreme judicial philosophy is simply incompatible with the
proper role of a judge in our constitutional republic.  For these reasons, as well as those
articulated by many of my colleagues, I am compelled to oppose this
nomination.”

Click Here for Senator Lee’s Full Remarks

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