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At age 39, Liu has compiled an impressive resume: Rhodes Scholar, Supreme Court clerk, top grades at both Stanford University and Yale Law School and now law professor University of California, Berkeley.
Liu has also aligned himself with progressive legal groups, including the American Constitution Society, where he is chairman of the board of directors. That’s prompting opponents to argue that Liu is “too far outside the mainstream” to take a seat on a court just one step below the Supreme Court of the United States.
“He believes the Constitution is something judges can manipulate to have it say what they think culture or evolving standards of decency requires of it in a given day,” said the Senate Judiciary Committee’s top Republican Jeff Sessions, R-Ala.
Ed Whelan, a one-time clerk to Justice Antonin Scalia and now president of the Ethics and Public Policy Center, echoed those concerns.
“Liu believes that judges have the authority to impose their views … using clever verbal camouflage to disguise what they’re doing.”
Liu opponents point to a number of his writings, including a book he co-authored in 2009 called “Keeping Faith with the Constitution,” in which the authors opine about their concept of judicial interpretation.
“Applications of constitutional text and principles must be open to adaptation and change … as the conditions and norms of our society become ever more distant from those of the Founding generation.”
That theme — that the Constitution’s text and principles must be adapted to changes in the world — repeats throughout the book and raises eyebrows among conservatives.
He is right, we are getting more distant from the Constitution. Our goal should be to move closer to our guiding force, not the other way Mr. President.
Liu has also aligned himself with progressive legal groups, including the American Constitution Society, where he is chairman of the board of directors. That’s prompting opponents to argue that Liu is “too far outside the mainstream” to take a seat on a court just one step below the Supreme Court of the United States.
“He believes the Constitution is something judges can manipulate to have it say what they think culture or evolving standards of decency requires of it in a given day,” said the Senate Judiciary Committee’s top Republican Jeff Sessions, R-Ala.
Ed Whelan, a one-time clerk to Justice Antonin Scalia and now president of the Ethics and Public Policy Center, echoed those concerns.
“Liu believes that judges have the authority to impose their views … using clever verbal camouflage to disguise what they’re doing.”
Liu opponents point to a number of his writings, including a book he co-authored in 2009 called “Keeping Faith with the Constitution,” in which the authors opine about their concept of judicial interpretation.
“Applications of constitutional text and principles must be open to adaptation and change … as the conditions and norms of our society become ever more distant from those of the Founding generation.”
That theme — that the Constitution’s text and principles must be adapted to changes in the world — repeats throughout the book and raises eyebrows among conservatives.
He is right, we are getting more distant from the Constitution. Our goal should be to move closer to our guiding force, not the other way Mr. President.
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