Brown Nominates Goodwin Liu To CA Sup Ct!

Charles Dharapak / AP Photo

Goodwin Liu, 40, was rejected by a Republican United States Senate filibuster for a coveted position on the 9th U.S. Circuit Court of Appeals but has received a pretty nice consolation prize: a nomination by Governor Jerry Brown to the California State Supreme Court (from which he could still be nominated to the U.S. Supreme Court before he's 50).

The Los Angeles Times reports:

Liu, a graduate of Yale Law School, is the son of Taiwanese immigrants. He was born in Georgia, grew up in Sacramento and has a history of public service.

“I’m deeply honored by Gov. Brown’s nomination and look forward to the opportunity to serve the people of California on our state’s highest court,” Liu said in a statement.

Before joining the Berkeley Law faculty in 2003, Liu was an appellate litigator at O'Melveny & Myers in Washington. He clerked for U.S. Supreme Court Justice Ruth Bader Ginsburg and for Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit. He also served as special assistant to the deputy secretary of the U.S. Department of Education and as senior program officer for higher education at the Corporation for National Service (AmeriCorps).

Brown has forwarded Liu’s name to the State Bar’s Commission of Judicial Nominees Evaluation. The appointment will not become final until the Commission on Judicial Appointments -- consisting of state Supreme Court Chief Justice Tani Cantil-Sakauye, Atty. Gen. Kamala Harris and Justice Joan Dempsey Klein, senior presiding justice of the state Court of Appeal -- confirms the nomination.

Liu will replace Associate Justice Carlos Moreno, who retired from the court earlier this year.

Justice Moreno was a very strong advocate for the LGBT community, voting with 4-3 majority to end marriage discrimination in California's landmark In Re Marriage cases in 2008 and was the lone dissenter in 2009's California Supreme Court decision which upheld Proposition 8 as not violating the California constitution.

Goodwin Liu has previously expressed his belief that Proposition 8 is unconstitutional so it will be interesting to see if he can get confirmed in time to participate in the case now before the case as to whether the heterosexual supremacist supporters of Proposition 8 have legal standing to defend it in court when the elected representatives of the people of California have decided not to defend a voter-approved ballot measure.

Another interesting feature that Liu, if confirmed will produce a court with an Asian American majority and no Black or Latino members, in a state which has Latino plurality in the population. Things that make you go Hmmmmmm! That being said, Liu is a great choice, since he can't get through the Senate to a federal judgeship while Republicans have more than 40 votes and no compunctions about filibustering extremely qualified judges purely based on ideology, a state supreme court seat is fantastic.

President Obama Endorses DOMA Repeal Bill!

Today is when the Senate Judiciary Committee is hearing testimony about the repeal of the so-called Defense of  Marriage Act, through consideration of S. 598, the Respect for Marriage Act.

However, yesterday the Whuite House Press Secretary Jay Carney made news yesterrday when he announced that the President was endorsing the legislation, even before its first committee hearing (a rare step for Presidents to take with legislation).

The response was to a question by openly gay reporter Chris Geidner of Metro Weekly:




The transcript of the exchange is available:

Metro Weekly: The president has said in the past that he opposes the Defense of Marriage Act, but he is yet to endorse the Respect for Marriage Act, which is the specific piece of legislation --

Carney: Senator [Dianne] Feinstein [(D-Calif.)], yeah.

Metro Weekly: -- aimed to repeal the bill. Tomorrow, the Senate will hold the first hearing into that bill. Is the administration ready to endorse that bill?

Carney: I can tell you that the President has long called for a legislative repeal of the so-called Defense of Marriage Act, which continues to have a real impact on the lives of real people -- our families, friends and neighbors. He is proud to support the Respect for Marriage Act, introduced by Sen. Feinstein and Congressman [Jerrold] Nadler [(D-N.Y.)], which would take DOMA off the books once and for all. This legislation would uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.

It should be interesting how far Senate Democrats want to push DOMA repeal. They presumably have the votes to get it out of committee but probably not the 60 votes to break the inevitable filibuster. And passage in the U.S. House is a non-starter.

U.S. Senate DOMA Repeal Hearing Tomorrow!

Senator Pat Leahy (D-VT), chairman of the Senate Judiciary Committee, is conducting a hearing on July 20th on the so-called Defense of Marriage Act and the Respect for Marriage Act (S. 598/H.R. 1116), which would repeal the 1996 federal law which bans the recognition of legally same-sex married couples by the federal government, among other things.

The hearing will be split into two panels. TowleRoad has the details

Panel 1

* Susan Murray, who lives in Ferrisburgh, Vt., with her spouse, Karen Murray. An attorney with the Burlington office of Langrock, Sperry & Wool, Murray was the co-counsel in the lawsuit Baker v. Vermont, which established civil unions in Vermont in 2000.

* Andrew Sorbo, a Cheshire, Conn., resident who was married to Colin Atterbury. Before dying of pancreatic cancer in 2009, Atterbury was a retired Veterans Affairs hospital administrator and professor of medicine at Yale University. Sorbo, now retired, worked for 35 years as a history teacher and principal. 

* Ron Wallen, an Indio, Calif. resident, who married Tom Carrollo in 2008 after being together for 55 years. In March, Carrollo lost his battle to cancer. After Carrollo's death, Wallen's income was compromised because DOMA prohibits him from receiving his spouse's Social Security payment. Wallen would have been able to receive these payments had he been in an opposite-sex marriage. According to the hearing notice, Wallen is unable to make payments on his family home and is faced with selling the residence, after just losing his spouse.

Thomas Minnery, Senior Vice President for Public Policy, Focus on the Family, Colorado Springs, CO.

Panel 2

Joe Solmonese, President, The Human Rights Campaign, Washington, DC.

David Austin R. Nimocks, Senior Legal Counsel, Alliance Defense Fund, Washington, DC.

Edward Whelan, President, Ethics and Public Policy Center, Washington, DC 

Evan Wolfson, Founder and Executive Director, Freedom to Marry, New York, NY

Although I don't usually agree with Dan Choi on many things, I do agree that the lack of diversity at this hearing is shameful. 7 White guys and 1 white woman? Come on, now!

UPDATE 07/19/2011 04:57PM PST:


According to Karen Ocamb the updated witness list now includes some color (Congressman John Lewis of Georgia):

UPDATED Witness List

Hearing before the
Senate Committee on the Judiciary
On

“S.598, The Respect for Marriage Act: Assessing the Impact of DOMA on American Families”
Wednesday, July 20, 2011
Hart Senate Office Building, Room 216
9:45 a.m.

Panel I

The Honorable John Lewis
United States Congressman
State of Georgia

The Honorable Jerrold Nadler
United States Congressman
State of New York

Panel II

Ron Wallen
Indio, CA

Thomas Minnery
Senior Vice President for Public Policy
Focus on the Family
Colorado Springs, CO

Andrew Sorbo
Cheshire, CT

Susan M. Murray
Ferrisburgh, VT

Panel III

Joe Solmonese
President
The Human Rights Campaign
Washington, DC

David Austin R. Nimocks
Senior Legal Counsel
Alliance Defense Fund
Washington, DC

Edward Whelan
President
Ethics and Public Policy Center
Washington, DC

Evan Wolfson
Founder and Executive Director
Freedom to Marry
New York, NY

1st Openly Gay U.S. District Court Judge Approved By Senate

As I blogged about earlier this year, J. Paul Oetken is the first openly gay man to be nominated for a lifetime federal judgeship. On Monday, the United States Senate approved Oetken's nomination by a vote of 80-13 to a seat on the Southern District of New York, which covers New York City and is one of the busiest and prestigious federal courts in the country. Amazingly, Oetken will join the same bench that the nation's only openly lesbian federal judge sits on. Deborah Batts is an African American lesbian judge who was nominated by President Clinton and approved by the Senate in 1994. All 13 Senators voting No o Oetken's nomination were Republicans.

Chris Geidner reports:

Sen. Charles Schumer (D-N.Y.), who has been supporting the nomination, praised Oetken's background and experience on the Senate floor shortly before the vote, saying "His confirmation will only improve the workings of one of the best and one of the busiest courts in the country."

Of Oetken's place as the first, Schumer said, "At this moment, Paul is not just an excellent candidate, as the first openly gay man to be confirmed as a federal judge and to serve on the federal bench, he will be a symbol of how much we have achieved as a country in just the last few decades."

Before the vote began, Sen. Chuck Grassley (R-Iowa) -- the ranking Republican on the Judiciary Committee -- also announced that he would be voting for Oetken, who was born in Iowa.

When the vote did come, all Democrats voting approved the nomination, with Sen. Kay Hagan (D-N.C.) the sole Democrat not voting. Moreover, a majority of the Senate Republican caucus -- 28 members -- voted to approve the nomination, with 13 Republicans opposing the nomination and six members not voting.

The "no" votes came from Sens. Roy Blunt (R-Mo.), John Boozman (R-Ark.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Jim DeMint (R-S.C.), Orrin Hatch (R-Utah), Kay Bailey Hutchison (R-Texas), Mike Lee (R-Utah), Mitch McConnell (R-Ky.), Jerry Moran (R-Kan.), James Risch (R-Idaho), Pat Roberts (R-Kan.) and Roger Wicker (R-Miss.). The Republicans not voting were Sens. James Inhofe (R-Okla.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Marco Rubio (R-Fla.), Pat Toomey (R-Pa.) and David Vitter (R-La.).

This is great news. Someone should ask all the Republican presidential candidates whether they would nominate an openly LGBT person to a federal judgeship. President Obama has also nominated an out lesbian, Ali Nathan, to a federal judgeship as well. That nomination is now pending on the Senate floor.

Celebrity Friday: 13 U.S. Senators Say "It Gets Better"

13 sitting United States Senators have collaborated to put together an "It Gets Better" video for Dan Savage's pioneering anti-bullying project.

They are:

Senators Richard Blumenthal (D-Conn.), Sherrod Brown (D-Ohio), Maria Cantwell (D-Wash.), Chris Coons (D-Del.), Dick Durbin (D-Ill.), Dianne Feinstein (D-Calif.), Al Franken (D-Minn.), Kirsten Gillibrand (D-N.Y.), Chuck Schumer (D-N.Y.), Jeanne Shaheen (D-N.H.), Mark Udall (D-Colo.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.)

CA-SEN: Feinstein's Poll Numbers Approach Danger Zone

Dianne Feinstein has represented California in the U.S. Senate since 1992

A new Field poll shows that California's senior U.S. Senator popularity has dropped significantly, raising doubt about her election to a new 6-year term in 2012.

Politico reports:

A new Field Poll survey found that 43 percent of California voters approve of the job Feinstein is doing, while 39 percent disapprove - her highest disapproval rating in the year before an election since she won office in 1992. Of those polled, 18 percent had no opinion.

The numbers reflect a decline from a Field Poll in March, which found 48 percent of voters approving and 33 percent disapproving.

“With Feinstein, we’ve never seen these kinds of numbers before, where it’s so close,” Field poll director Mark DiCamillo told the San Francisco Chronicle. “I was more surprised in March, but to see it replicated - this was a large sample - I just think it’s a very different economic and political backdrop we’re going to have in 2012 than we’ve seen in any previous election year for Feinstein.”

The new numbers reflect a double-digit drop off since in 2005, when Feinstein enjoyed a nearly six-in-ten approval ahead of the next year’s election. Her popularity also was similar in 1999 when 59 percent of Californians approved.

I didn't vote for her in 2006 and I will not vote for her in 2012. As far as I am concerned she is Joe Lieberman in a dress. She gave aid and comfort to Republicans, especially on federal judges during the Bush administration. I'm D O N E.

Of course, I would never even consider voting for a Republican.

Goodwin Liu Cloture Vote Set For Thursday

Finally! The United States Senate is poised to vote Thursday on ending debate on the nomination of Goodwin Liu to the 9th U.S. Circuit Court of Appeals. MadProfessah has been following the process of this nomination very closely, since it was first made last Spring. Republicans in the Senate killed the nominations of Liu to the 9th U.S. Circuit and Ed Chen to the U.S. Northern District of California right before the November 2010 election.

When the 112th Congress convened in January 2011, President Barack Obama re-nominated both Liu and Chen and last week the United States Senate confirmed Chen by a vote of 56 to 42.

Majority Leader Harry Reid filed a cloture vote on Tuesday afternoon which means that sometime on Thursday a vote will be held to end debate on the Liu nomination. Liu, 40, if approved to the appellate court, could become a likely Supreme Court nominee in a 2nd Obama administration. He is extremely well-qualified, personable and has an amazing life story.

Many, many progressive organizations are urging people to contact their Senators to vote in favor of the Liu nomination. Here's an excerpt of what Alliance for Justice has to say about Liu's nomination:

Goodwin Liu is extremely well qualified to be a circuit court judge. 

• He has sterling academic qualification. Liu attended Stanford University, graduating Phi Beta Kappa in 1991.  He was co-president of the student body and the recipient of the Lloyd W. Dinkelspiel Award, the University’s highest honor for outstanding service to undergraduate education.  He went on to receive his M.A. at Oxford University as a Rhodes Scholar in 1993.  He later graduated from Yale Law School in 1998, where he was an editor of the Yale Law Journal.
•  He received the highest possible rating from the ABA: “unanimously well-qualified.”
• Liu has broad experience in the academic, public and private sectors, providing the varied experience and perspectives that make a great judge. He served in the public sector at the Corporation for National Service and the U.S. Department of Education, and practiced law in the private sector at O’Melveny & Myers. He currently is Associate Dean and Professor of Law at University of California Berkeley School of Law (Boalt Hall). 

Goodwin Liu is a mainstream nominee with strong support from across the ideological spectrum, including Republican lawyers and academics.

• Liu’s views are well within the legal mainstream and are not ideological. For example, his academic writings include support for charter schools and school vouchers.
•  He has won strong praise from individuals representing a wide variety of ideologies, interests, and viewpoints: 
•  Kenneth Starr, former Whitewater prosecutor and appeals court judge called Liu “a person of great intellect, accomplishment, and integrity,” and “an extraordinarily qualified nominee.” 
• Former Rep. Bob Barr (R-Ga.) said Liu’s writing “reveals his commitment to the Constitution.”
• Former Congressman Tom Campbell (R- Calif.) said that “Liu will bring scholarly distinction and a strong reputation for integrity, fair-mindedness, and collegiality to the Ninth Circuit.”
• Richard Painter, who worked on the confirmations of John Roberts and Samuel Alito as President George W. Bush’s chief ethics counsel, wrote that Liu is an “exceptionally qualified, measured, and mainstream nominee” who the Senate should “vote to confirm.”
•  Christopher Edley, Dean of the University of California, Berkley, Law School, said that Liu “has wonderful values, but at the end of the day, he’s not ideological.”
• Senator Dianne Feinstein (D-Calif.) noted, “[h]e’s as sharp as they come, with a kind demeanor and a good temperament . . . [a]nd he’s someone who has earned the broad respect of his colleagues on the left and the right.” Senator Barbara Boxer (D-Calif.) echoed these sentiments, stating, “He is a proven authority on constitutional law with a keen intellect.”
• A bipartisan group of education policy experts, wrote that, “… his record demonstrates the habits of rigorous inquiry, open-mindedness, independence, and intellectual honesty that we want and expect our judges to have. His writings are meticulously researched and carefully argued, and they reflect a willingness to consider ideas on their substantive merits no matter where they lie on the political spectrum. Moreover, we are confident in Professor Liu’s ability to decide cases based on the facts and the law, regardless of his policy views. His scholarship amply demonstrates that kind of intellectual discipline, and our high regard for his work is widely shared.”
• The California Correctional Peace Officers Association, endorsed his nomination, writing that “We are confident he will further the cause of justice and follow the law and Constitution for all parties that come before his Court, again including crime victims and peace officers.”
• Twenty-seven former federal judges and prosecutors wrote to protest attacks on Liu’s record, saying that “rhetoric surrounding the criticism of his nomination has reached an unacceptable level, beyond what is appropriate in a civil, spirited debate,” and concluding that, “We applaud Professor Liu’s commitment to ensuring the constitutional rights of defendants facing the death penalty. Contrary to his critics’ claims, his commitment to the Constitution is commendable and vital for anyone seeking a position in what is often the court of last resort for individuals seeking to protect their constitutional rights.” 

Goodwin Liu’s story exemplifies the American Dream.

• His parents are immigrants from Taiwan, and although born in Georgia, he learned English only when he began attending public school in kindergarten. After moving to California, he overcame struggles with language to rise to co-valedictorian of his high school class, and then went on to academic distinction at Stanford, Oxford, and Yale.
• He would be only the second Asian American serving on a federal court of appeals, and the only Asian-American judge in active service on the Ninth Circuit, which includes Western states with large Asian-American populations.

I met Professor Liu when he testified in opposition to Proposition 8 in 2008 and strongly support his nomination to the 9th Circuit.

The First Openly Lesbian U.S. Senator?

U.S. Rep. Tammy Baldwin (D-Wis.) has won every election
she has contested as an openly gay candidate

With the news that U.S. Senator Herb Kohl (D-Wis.) has announced his retirement, all eyes have turned to openly lesbian Congressmember Tammy Baldwin who has signaled her interest in running for the soon-to-be-open Senate seat.

If she wins, Baldwin would become the highest openly LGBT elected official in the United States. The Victory Fund, which supports openly LGBT candidates for elected office, had this to say:

“This would obviously be a top priority for us.  Tammy Baldwin has been an outstanding congresswoman, and she’d be an outstanding senator,” said Chuck Wolfe, president and CEO of the Gay & Lesbian Victory Fund, which has endorsed Baldwin repeatedly.  In 1998, when Baldwin became the first openly LGBT candidate to win election to the U.S. Congress as a freshman, the Victory Fund raised nearly a quarter million dollars for her campaign.

“This would be a remarkable milestone for LGBT Americans.  Congresswoman Baldwin is one of the most admired public officials I know.  She would have the strong support of those who want to see our economy work for all Americans, and who believe that all voices deserve a place at the table,” Wolfe said.

There is a petition urging Tammy Baldwin to run, along with the twitter hashtag #runtammyrun.

ENDA Introduced in US Senate

The Employment Non-Discrimination Act (ENDA) was introduced in the 112th Congress today with lead co-sponsors Jeff Merkley (D-OR), Susan Collins (R-ME), Tom Harkin (D-IA) and Mark Kirk (R-IL).

The National Gay and Lesbian Task Force sent out a press release praising the action:

Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force

"An overwhelming majority of Americans know it is wrong to deprive their lesbian, gay, bisexual and transgender friends, family and neighbors of the ability to earn a livelihood and provide for their families simply because of who they are. They know our entire country benefits when all people are allowed to contribute their talents and skills free from discrimination. ENDA will simply help ensure everyone is allowed to participate on a level playing field in the workplace, a core value of this nation. Let's get ENDA passed. Our community has provided statistics and shared personal stories; we've seen LGBT workers lose their foothold in a struggling economy, not because of downsizing or poor performance, but solely because of prejudice. Our country can and must do better. We thank Senators Merkley, Kirk, Harkin and Collins for reintroducing this critical legislation, and urge Congress and the administration to work toward its passage."

WATCH: Colbert Demolish Sen. Kyl (R-AZ)

Sen. Kerry And 10 Others Send Letter Urging Immigration Equality

FOR IMMEDIATE RELEASE:  April 6, 2011

CONTACT: Whitney Smith (202) 224-4159   

Kerry Leads Fight for LGBT Immigration Equality

WASHINGTON, D.C.– Senator John Kerry (D-Mass.) today led 11 colleagues in a letter to Attorney General Eric Holder and Secretary of Homeland Security Janet Napolitano urging immigration equality for legally married same-sex couples who are currently discriminated against under the Defense of Marriage Act (DOMA).

“We applaud the President’s decision to no longer defend the Defense of Marriage Act in federal court,” the Senators wrote. “With DOMA as law, however, we are creating a tier of second-class families in states that have authorized same-sex marriage. The same second-class status is imposed upon marriages between same-sex partners in which one spouse is not a U.S. citizen. We urge you to reconsider this position in light of the administration’s position that it will no longer defend DOMA in federal court.”

“Immigration Equality, and the families we represent, are enormously grateful to Senator Kerry and his colleagues for calling on the Administration to keep our families together,” said Rachel B. Tiven, executive director of Immigration Equality, a national organization that works to end discrimination in U.S. immigration law.  “Unless USCIS changes course, real families will be impacted, and American citizens will be separated from their loved ones.  Maintaining the status quo for these families will mean forcing them apart, or into exile.  We call on USCIS to heed the advice of Senator Kerry, and the other signatories on today’s letter, and allow these loving, committed couples to remain together.”

In light of the Obama Administration’s decision to stop defending DOMA in federal court, the Senators urged:

• The Department of Homeland Security (DHS) to hold marriage-based immigration petitions in abeyance pending a legislative repeal or a final determination on DOMA litigation. 

• DHS to exercise prosecutorial discretion in commencing and prosecuting removal proceedings against married noncitizens that would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. 

• The Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.

The full text of the letter is below:

April 6, 2011

The Honorable Eric Holder                                         The Honorable Janet Napolitano
Attorney General                                                        Secretary
Department of Justice                                                 Department of Homeland Security
Washington, DC 20520                                              Washington, DC 20393

Dear Mr. Attorney General and Madam Secretary: 

We applaud the President’s decision to no longer defend the Defense of Marriage Act (DOMA) in federal court.  The law discriminates against a class of Americans, raising fundamental questions of over basic civil rights.  However, the administration is still enforcing DOMA, because it is the law of the land. 

Five states plus the District of Columbia, have granted same-sex couples the right to get married.  With DOMA as law, however, we are creating a tier of second-class families in these states that have authorized same-sex marriage. 

The same second-class status is imposed upon marriages between same-sex partners in which one spouse is not a U.S. citizen.  The new administration policy has created confusion and uncertainty in the immigration context.  In recent days, the administration issued conflicting statements about how it will consider immigration petitions from same-sex married couples seeking immigration benefits for a non-citizen spouse.  As of March 30, 2011, U.S. Citizenship and Immigration Services clarified that marriage-based petitions will be considered under current law, with DOMA preventing recognition of otherwise-valid and lawful same-sex marriages. 

We urge you to reconsider this position in light of the administration’s position that it will no longer defend DOMA in federal court. Specifically, we ask the Department of Homeland Security (DHS) to hold marriage-based immigration petitions in abeyance pending a legislative repeal or a final determination on DOMA litigation.  In addition, we ask DHS to exercise prosecutorial discretion in commencing and prosecuting removal proceedings against married noncitizens that would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.  We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.

Preserving family unity is a fundamental American value and is also the cornerstone of our nation’s immigration law.  Thank you for your consideration of this request. 

Sincerely,

John Kerry                              Patrick Leahy                          Barbara Boxer

United States Senator             United States Senator             United States Senator

Ron Wyden                             Christopher Coons                  Jeff Merkley

United States Senator             United States Senator             United States Senator

Kirsten Gillibrand                   Sherrod Brown                       Daniel Akaka

United States Senator             United States Senator             United States Senator

Daniel Inouye                         Sheldon Whitehouse               Frank Lautenberg

United States Senator             United States Senator             United States Senator

Openly Gay Federal Judge Nominee Has Low-Key Hearing

J. Paul Oetken, potentially the first openly gay man to become a federal judge, had an uneventful hearing before the United States Senate judiciary committee on Wednesday March 16th, with no Republican opposition.

Chris Geidner of Metro Weekly reports:

J. Paul Oetken, an out gay attorney who worked at Jenner & Block and Debevoise & Plimpton, also spent substantial time in government, working in both the Justice Department's Office of Legal Counsel and the White House under President Clinton. A former law clerk to the late Supreme Court Justice Harry Blackmun, Oetken currently serves as the senior vice president and associate general counsel at Cablevision.

He was nominated, on Schumer's recommendation, for a judgeship on the Southern District of New York -- one of the key federal trial courts in the nation.

In Schumer's introduction of Oetken, the senator noted that, in addition to records of excellence and moderation, "I also look for candidates who bring diverse views and backgrounds to the bench. Paul is the first openly gay man to go through an Article III confirmation process in this country, which makes this moment historic. But long after today, what the history books will note about Paul is certain to be his achievements as a fair and brilliant judge."

We'll be monitoring the progress of this nomination carefully. It is doubtful that one of the rabidly anti-gay Republican members of the United States Senate will skip this opportunity to  curry favor with heterosexual supremacists and prevent an openly gay man from making history as a federal judge, even one as obviously well-qualified as Oetken.

The question is, how hard will the Democratic majority and the President fight to confirm the President's nominees, especially in light of the very real prospect of loss of Senate control in 2012.

2012 Senate Outlook Continues To Weaken For Democrats

There are 33 United States Senate seats up for re-election in 2012 and since 2006 was such a huge year for the Democrats, they currently hold 23 of those seats while the Republicans only hold 13.

Already 4 Democratic-caucusing senators have announced their retirement (Bingaman of New Mexico, Conrad of North Dakota, Lieberman of Connecticut and Webb of Virginia). Only two Republicans have declined to seek reelection (Hutchison of Texas and Kyl of Arizona).

Obama Nominates Openly Gay Man To Be Federal Judge

J. Paul Oetken, 44

As MadProfessah noted last year, President Barack Obama has nominated an openly gay man, J. Paul Oetken, to be a U.S. district court judge for the Southern District of New York, one of the most prestigious and well-known courts in the country, since it covers Manhattan. Interestingly, Oetken, if confirmed by the United States Senate would not only become the second openly LGBT judge in the country, he would become the second out LGBT judge in the Southern District of New York! Deborah Batts, a Black lesbian, has been serving there as a federal judge since nominated by President Bill Clinton in 1994.

Oetken's official biography, as distributed by the White House:

J. Paul Oetken: Nominee for the United States District Court for the Southern District of New York

J. Paul Oetken is Senior Vice President and Associate General Counsel of Cablevision Systems Corporation in Bethpage, New York, a position he has held since 2004.  Prior to joining Cablevision, Oetken worked at Debevoise & Plimpton, where he was counsel from 2003 to 2004 and an associate from 2001 to 2003.  Oetken joined the White House Counsel’s Office as Associate Counsel to the President in 1999 and worked there until 2001.  From 1997 to 1999, Oetken was an attorney-advisor with the U.S. Department of Justice in the Office of Legal Counsel.  Prior to that, he worked as an associate at Jenner & Block for approximately two years.  From 1993 to 1994, Oetken served as a law clerk for the Honorable Harry A. Blackmun of the U.S. Supreme Court; from 1992 to 1993, he served as a law clerk for the Honorable Louis F. Oberdorfer of the U.S. District Court for the District of Columbia; and from 1991 to 1992, he served as a law clerk for the Honorable Judge Richard D. Cudahy of the U.S. Court of Appeals for the Seventh Circuit.  Oetken received his J.D. in 1991 from Yale Law School, and his B.A. with highest distinction in 1988 from the University of Iowa.

R. Vaughn Walker, the openly gay federal judge who struck down Proposition 8 as unconstituional, has retired as of December 31, 2010.

Hat/tip to Chris Geidner of Poliglot!