Celebrity Friday: Goodwin Liu Withdraws Nomination

Goodwin Liu, Professor of Law at University of California, Berkeley has written President Obama, withdrawing his name from consideration for a seat on the 9th U.S. Circuit Court of Appeals after Republicans successfully filibustered his nomination on the floor of the United States Senate on May 19th.

The text of the letter is here:

Dear Mr. President:


I have been deeply honored to be your nominee to the United States Court of Appeals for the Ninth Circuit. The nomination has been a tremendous source of pride for my family and community, and it would be a great privilege and responsibility to serve our country as a member of the judiciary. 


In light of last week's unsuccessful cloture vote, however, I respectfully ask that you withdraw my nomination from further consideration by the United States Senate. With no possibility of an up-or-down vote on the horizon, my family and I have decided that it is time for us to regain the ability to make plans for the future. In addition, the Judicial Council of the Ninth Circuit has noted the "desperate need for judges" to fill current vacancies,  and it is now clear that continuing my nomination will not address that need any time soon.


I am profoundly indebted to you for your confidence in me and to the many people wh workd tirelessly in support of my nomination. Thank you for this great honor and opportunity


Sincerely,


Goodwin Liu

Sometimes the bad guys win. Interestingly, President Obama has now nominated a judge named Morgen Christen from Alaska put on that state's Supreme Court by Governor Sarah Palin for the 9th Circuit. It will be interesting to see what response she gets from Senate Republicans!

Senate Refuses To End Debate On Liu Nomination 52-43

The United States Senate has killed the nomination of Goodwin Liu to join the 9th U.S. Circuit Court of Appeals by refusing to end debate by a vote of 52-43.

It is President Obama's first defeat on a judicial nomination.

It is the first time in more than six years the Senate has successfully filibustered a judicial nominee and culminates nearly 15 months of partisan bickering over Liu.    

Senators have shied away from blocking judicial nominees since 2005, when a group of seven Democrats and seven Republicans known as the Gang of 14 stuck a deal decreeing judicial filibusters appropriate only in “extraordinary circumstances.”  

 Senate Democrats and Republicans clashed sharply Thursday over whether Liu’s nomination met that threshold.

Democrats argued Liu’s legal philosophy falls well within the mainstream and touted the nominee's impressive academic credentials.

Republicans said Liu’s writings and remarks endorse judicial activism and portray him as a liberal ideologue.

"He is unfit to serve as a United States judge," said Sen. John Cornyn (R-Texas.) "His activist views of the laws are troubling. I am left with no choice but to fight his confirmation with every tool at my disposal.”

Assistant Majority Leader Dick Durbin (D-Ill.) said he believes Republicans are attempting to block Liu in the hopes that they will win the 2012 presidential election and be able to stack the courts with their own nominees.

"For many on other side of the aisle they are guided by advisers that say, ‘Keep as many of the posts open as long as possible,’" accused Durbin. "They say help is on the way in the form of the next election.

It's a very sad day.

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.

First Openly Gay Politician Elected in Japan

Taiga Ishikawa, 36, has become the first openly gay person elected to public office in Japan.

Acording to Agence France Press:

"I hope my election victory will help our fellows nationwide to have hope for tomorrow, as many of them cannot accept themselves, feel lonely and isolated and even commit suicide," he told AFP.

Ishikawa, 36, won a seat in a Tokyo ward assembly in local elections on Sunday. Prior to his victory, no openly homosexual politician had won office in Japan.

[...]

Ishikawa disclosed that he is gay in his autobiographical "Boku No Kareshi Wa Doko Ni Iru" (Where Is My Boyfriend?)," published in 2002.

"Many readers of my book told me that they are isolated and the situation I wrote about in the book is so similar to theirs. So I started to host events that offer opportunities to have links with friends," Ishikawa said.

He founded the non-profit organisation "Peer Friends", which hosts events in Japanese cities to provide young gay men with opportunities to meet other gays.

Since February 2010, he has served as a private secretary to Mizuho Fukushima, the leader of the Social Democratic Party, a small opposition group.

It still amazes me that we are recognizing historic firsts in the LGBT community in 2011.

Hat/tip to TowleRoad.

Goodwin Liu Nomination On Senate Floor!

Goodwin Liu testifies before Senate Judiciary Committee, which reported
out his nomination to the 9th Circuit Court of Appeals by a 10-8 vote

There is some good news to report on President Obama's judicial nominations. The Senate Judiciary Committee had  a hearing this week and reported out five nominees, including Goodwin Liu for the 9th Circuit Court of Appeals and J. Paul Oetken, for the Southern District of New York.

These two nominations are being followed carefully by MadProfessah and other progressives around the country because Oetken is the first openly gay man ever to be nominated to a federal District Court judgeship and Liu is an Asian-American, progressive legal star, currently a professor at UC Berkeley Law School. The Oetken nomination looks like it will sail through the Senate but the Republicans are terrified that if they allow the 39-year-old Liu on the appellate court he could be nominated for the United States Supreme Court in Obama's second term and seem determine to filibuster the nomination to death.

From the Washington Times:

The Liu debate extends far beyond Capitol Hill, as liberal and conservative groups see the nomination fight as a crucial test of the president’s ability to put his stamp on the nation’s judiciary. 

Curt Levey, executive director of the conservative Committee for Justice, called Mr. Liu “the worst of Obama’s nominees at all levels of the federal courts.” 

Nan Aron, president of the liberal Alliance for Justice, in contrast called Mr. Liu “one of the finest legal minds of his generation” who deserves a swift yes vote on the Senate floor. 

Whether that vote happens, however, is uncertain. Democrats control only 53 of the Senate’s 100 seats — seven fewer than needed to guarantee an override of a Republican filibuster. A handful of moderate Democrats facing tough re-election battles also may be tempted to join a GOP filibuster of Mr. Liu.

We shall see what happens but at least there are more than 18 months until the end of this Congress so time is on Liu's side.

Review of 2011 LGBT POC Film Festival: Fusion Shorts

I attended the Fusion LGBT POC Film festival yesterday and checked out the Fusion Shorts program. Here are my reviews.

STOP IT - ALMA 

Dir: Mike Rose

A spoof on intervention reality shows that features a woman, who compulsively cooks to the dismay of her family who just wants her to Stop It! This is a very clever spoof of reality shows whose comic appeal is based on the sheer ridiculousness of the "addiction" it depicts as well as the gender-bending nature of the lead character. The person  I saw the films with was curious whether the laughs would have started so quickly if the drag element was removed. I think probably not, but even without that, this short would be a funny hit. GRADE: B+.

REVOLUTION  

Dir: Abdi Nazemian

A coming-of-age story about Jack, a 16-year old Iranian boy growing up in 1989 Los Angeles. (In Farsi, Tagalog with English subtitles). This is a lush, dramatic film with a haunting score and an emotionally complicated plot. Unfortunately, the numerous, various pieces (cultural assimilation difficulties, teenage homosexual experimentation, father-son tension, the AIDS tragedy, mother-son angst and a too-cute  small dog) fail to really coalesce into a whole which matches the components. The central metaphor is flawed and the acting of several of the characters is unconvincing. GRADE: B-.

TIME AFTER TIME 

Dir: Laurie Thomas

The unspoken dance of a love triangle unfolds in the time it takes to sing this song. My first response is that this is a curious choice for an inclusion in a collection of shorts in an LGBT people of color film festival. On the surface it appears to be a dialogue-free depiction of a complicated moment between the red-haired, female singer of the classic Cyndi Lauper song and the two people who are interested in her affections: a laughing, smiling dark-haired white guy and a presumably multiracial dark-haired gal who is ultimately disappointed by whatever she sees in object of affection's eyes. GRADE: C+.

ANDY

Dir: Andrew Ahn

A six-year old boy discovers what it means to be a man. (In Korean with English subtitles). This is a too-short meditation on father-son dynamics by considering the ways in which gender roles are performed and policed by little boys and adult men with the complicated cross-cultural (mis)interpretations of same-sex interaction thrown in for good measure. The film definitely leaves it up to the viewer to interpret  nuanced reactions of a Korean father to a lipstick-wearing six-year old as well as the problematic depiction of an adult male stranger interacting with the child in a public men's room. GRADE: B+.

REMEMBER ME IN RED 

Dir: Hector Ceballos

Fidelia must find a way to honor what would have been her friend’s wishes before it is too late. (In Spanish with English subtitles). One of the highlights of the 2011 Fusion Shorts was this beautifully shot, tautly written depiction of the real deprivation(s) of the life and death of transgender individuals. The complicated ways that family ties can constrict and limit an individual's potential as well as the ways that they can be recreated in a more authentic way among a family of choice are the main themes here. The acting is particular strong, although some may feel that the storyline veers perilously close to telenovela melodrama. GRADE: A.

FAMILY IN THE FRAME 

Dir: Neelu Bhuman

Accentuated by voices of family members, this short film is an honest portrayal of the experience of bisexuality (English subtitles). A rather experimental short film which attempts to show the dilemmas of a bisexual, Indian immigrant and the tensions her identities produce within those around her. Generally, I found the film to be visually uninteresting and dramatically obtuse; it's differences from the other films are so extreme it was ill-served to be included in this collection. GRADE: D.

THE QUEEN 

Dir: Christina Choe

Bobby, a Korean-American teenage outcast, is working at his parents’ dry cleaners on prom weekend. When the prom queen and her boyfriend, stop by with their dress and tuxedo, Bobby has his own prom to remember. A near-perfect short film for any LGBT film festival. Almost any gay man can identify with the lead character of Bobby and his desire to be the consort to the Prom King, which is realized in a thrilling, pitch-perfect, well-choreographed crescendo and a surprise ending which is sure to generate squeals of delight from even the most jaded "queen." GRADE: A.

CHANGE 

Dir: Melissa Osborne & Jeff McCutcheon

A gay African-American teenager grapples with his young identity on the night Obama was elected. This is a well-produced short which tries to depict and (possibly defuse?) the complex emotions surrounding the inextricably coupled events of the passage of Proposition 8 and the election of Barack Obama in the African-American, LGBT and African-American LGBT communities. Happily, the directors have chosen to tell the story through a closeted Black teenager played by a young actor with a handsome, expressive face. It is thrilling to recall the historic events of Election Night 2008 and devastating to be reminded of the day after when the implications of California's passage of a ban on same-sex marriage began to sink in. The short film is engrossing but has some slightly odd pacing problems. The person I saw the film with was very disappointed in the very final scene; we both wanted more explanation of the motivations of the main characters' reactions to the Election Day events. GRADE: A-.

Overall, I'm very glad that I went but felt that this collection was slightly weaker than last year's, but just barely. If you see The Queen, Remember Me in Red or Change at a film festival near you, I strongly urge you to check them out!

AUS OPEN 2011: Clijsters Wins 4th Major Title

AFP PHOTO / GREG WOOD

AFP PHOTO / HO / FIONA HAMILTON 

As I predicted, Kim Clijsters of Belgium defeated Li Na of China in the 2011 Australian Open women's final in Melbourne 3-6 6-3 6-3 to win her first Australian Open title and fourth major title overall. Clijsters even her career record in finals to 4-all, and improved her post-retirement record to 3-0 in finals. By winning 4 majors, she moved ahead of Lindsay Davenport, Jennifer Capriati and Maria Sharapova. Li Na made history as the first person from Asia, and particular China, to reach a Grand Slam final.

The match ended up being much more competitive than most observers predicted, with Li dropping the first 8 consecutive points but breaking back repeatedly and going for her shots with comparable power to Clijsters. Clijsters repeatedly was unable to consolidate breaks of Li's serve. The Chinese player was able to take the first set by winning the last three games convincingly. Unfortunately, she lost her serve immediately at the start of the second set (in fact she lost her first service game in every set she played in the final) but then was able to break back again to even the score. This began a rash of service breaks which by the conclusion of the 9 game second set ended up being a majority of the service games (5). The third set began with a strong hold by Clijsters at love, followed by another break of Li's serve. The Chinese player was able to break back again but was unable to hold her service game again and fell back 1-3 in the deciding set. At this point Li started to look tired and made a series of forehand errors to allow Clijsters to go up 4-1 via another hold of serve by the Belgian. Li falls down 15-30 in her service game but through an important line call challenge is able to get to 30-30 and eventually hold to deny Clisters a second "insurance" break. Clijsters holds serve again easily to go up 5-2 and all signs seem to indicate the match will soon be over. However, Li holds serve concincingly at 15, forcing Clijsters to serve for the championship, which she does with three first serves and three return of service return winners, followed by a Li error giving Clijsters her first Australian Open title.

Celebrity Friday: Sabrina McKenna, openly lesbian Hawaii Sup Ct nominee

Sabrina McKenna, 53, is the first openly gay person
nominated to the Hawaii Supreme Court

Great news out of Hawaii! Democratic Governor Neil Abercrombie has nominated Sabrina Shizue McKenna, an openly lesbian Sate Trial Court judge, to that state's 5-member highest court.

The Star Adviser reports:

In making his first judicial nomination, Gov. Neil Abercrombie called the appointment "the most important decision" in his career.

"This appointment sets the course for the state and its legal direction for the next several years," he said. "I'm completely confident that Judge McKenna's appointment will be something I'm proud of for the rest of my life."

[...]

McKenna would be the first openly gay member of the Hawaii Supreme Court.

McKenna's sexual orientation was not brought up during the ceremonies, but she said that all judges bring to the bench their own personal experiences.

"I would like to believe that because of my background and my life experiences, I bring sensitivity to those who may not have been born into a life of privilege, a sensitivity to those whose life circumstances make it difficult for them to conform with all of society's expectations," she said.

"I try to bring compassion to the court."

She later said she was not only referring to her sexual orientation, but her gender and her upbringing in Japan by her mother after her father died when she was 9.

McKenna said the significance of being the first openly gay member on the court would be that it could give "hope to people who feel that they cannot succeed" because of a variety of reasons, including being gay.

California currently has an imminent vacancy on its 7-member state Supreme Court. Colorado and Oregon are the only other states with openly gay Justices currently. Congratulations to Hawaii!

Hat/tip to Joe.My.God