Goodwin Liu Confirmed to the Supreme Court

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. Howard Wasserman says:

    And I believe there is a good chance he will be, assuming re-election, President Obama’s first post-2013 SCOTUS nomination. Obama has been willing to go outside the last-generation box in selecting his justices. Kagan had not been a judge, something that had not happened since Rehnquist in 1970. Why not a state Supreme Court justice, something that has not happened since Brennan 1956.

  2. Marc DeGirolami says:

    Howard, just curious about your comment. Assuming that the President is re-elected, do you think that his nomination of Justice Liu for the Supreme Court would depend on the Democrats carrying majorities in Congress as well? Since Justice Liu was so fiercely opposed as a nominee to the 9th Circuit when the Democrats held the Senate, wouldn’t the President really need both chambers to make this work for a slot on the Supreme Court?

  3. Marc DeGirolami says:

    Retraction…(shame-facedly)…wouldn’t the President need a much greater number of Senators in his corner to make the nomination to the Supreme Court work?

  4. Howard Wasserman says:

    Well, Obama definitely needs a majority. I have no idea what would happen if Obama is reelected with a GOP majority in the Senatel got use Breyer in 1995, but I’m not sure what it would get us in 2013. But perversely, I think it will be harder to filibuster a Supreme Court nominee than a court of appeals nominee because everyone will be watching a SCOTUS nomination. And when people are really paying attention, the “let’s have an up-or-down vote” argument may work better. So it may be easier to confirm Liu to SCOTUS than to the 9th Circuit, so long as the Democrats hold 50 seats (plus the VP).