Goodwin Liu, the University of California Berkeley law professor whose nomination to the 9th circuit languished due to Republican opposition, was confirmed as the newest member of the California Supreme Court on Wednesday. In many ways, Governor Brown's appointment achieved the same goal that Senate Republicans sought to prevent: it set up Liu with the experience necessary to make him a credible Democratic nominee to the United States Supreme Court. In addition, it wil give him a big voice in the development of law in America's most populous state - he will be one of seven voices on the Cal Supremes (rather than one of - how many...29?... members of the Ninth Circuit.)
Now he just needs Obama to get another shot at appointing a justice.
As I just wrote elsewhere, Obama has shown a willingness to think outside the last-generation box for his SCOTUS nominees. He picked a non-judge in Kagan, which had not happened since Rehnquist. Why not a state Supreme Court justice, which has not happened since Brennan (who, at least in the view of some, turned out OK).
Posted by: Howard Wasserman | September 01, 2011 at 09:29 AM
Wasn't David Souter on the New Hampshire Supreme Court? And I believe Sandra Day O'Connor sat on the Arizona Court of Appeals (though not the AZ Supreme Court).
Posted by: 2ndyearprof | September 01, 2011 at 02:49 PM
You're right about O'Connor; my bad. Souter was appointed to the First Circuit for a very short time (less than a year until he was nominated to SCOTUS), mainly based on the assumption that he could not be confirmed coming directly from the N.H. Supreme Court and that he needed federal judicial experience.
Posted by: Howard Wasserman | September 01, 2011 at 09:26 PM
Don't forget Harriet Miers. Her nomination made the Kagan nomination seem very much inside-the-box by comparison.
Posted by: Orin Kerr | September 02, 2011 at 12:35 AM
If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place.
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Posted by: Isabella Tu | September 02, 2011 at 01:36 AM