Filibuster Blocks Confirmation Vote on Goodwin Liu

The Senate today was blocked from holding a confirmation vote on the nomination of Professor Goodwin Liu to be a judge on the U.S. Court of Appeals for the Ninth Circuit when it failed to garner enough votes to overcome a procedural hurdle.

“Today’s filibuster of Goodwin Liu is a reckless escalation in the ongoing campaign by the Senate’s Republican minority to delay and deny confirmation votes to scores of well-qualified judicial nominees,” said Wade Henderson, president and CEO of The Leadership Conference.

Liu is an acclaimed scholar, teacher, and nationally recognized expert on constitutional and education law. He’s currently an associate dean and professor of law at UC Berkeley Boalt Hall School of Law. Lui has enjoyed bipartisan support and is widely supported by the civil and human rights community.

“The disrespect Republicans have shown to our federal courts is beyond disturbing,” Henderson said. “Some nominees have been forced to put their lives and careers on hold for up to two years. But the greatest cost has been to justice itself and the people of our nation who depend on the federal courts to enforce their rights and settle their disputes. Courtrooms without judges are simply incapable of dispensing justice.”

President Barack Obama originally nominated Liu to serve on the Ninth Circuit Court on February 24, 2010, and the Senate Judiciary Committee first approved his nomination on May 13, 2010.

Liu’s nomination languished for more than a year due to the use of an unprecedented level of procedural tactics to delay and deny the confirmation of Obama’s nominees. Due to inaction and congressional recesses, Liu’s nomination was sent back to the White House twice, but he was renominated both times. He was voted out of committee for the third time on April 8.

The failure of the Senate to overcome obstructionist tactics of the minority party during the last two years has greatly increased the number of judicial vacancies on the federal courts.  Before today’s vote, there were 87 vacancies – 34 of which have been designated “judicial emergencies,” by the Administrative Office of the U.S. Courts because they do not have enough judges to handle the caseload, including the seat Liu has been nominated for. A court with vacancies and increased workload means long delays for people seeking to enforce their rights or settle their legal disputes in court.

Thursday’s failure to overcome the filibuster does not prevent the Senate from taking up Liu’s nomination at a later date.