However, according to Republican Senator Jeff Sessions of Alabama, ''extraordinary circumstances exist in this case.'' Liu's nomination has been widely opposed by Republicans who cite his writings on constitutional law and civil rights, as well as his attack on Supreme Court Justice Samuel A. Alito, Jr., as proof that his legal philosophy is radical.
In his 2006 testimony before the Judiciary Committee, Liu charged, amongst other things that ''Judge Alito's record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse; where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance.''
Republicans argue that Liu's views will be taken with him to the bench and are likely to overshadow the Constitution. ''His record reveals that he believes the Constitution is a fluid, evolving document with no fixed meaning,'' said Sessions. The senator further remarked that Liu seems to believe that the role of judge is one that authorizes ''personal political views to be part of their decision making process.''
However, Democrats say that the GOP has no justification in keeping Liu off the bench. Liu, a Berkeley law
professor who received strong backing from both the American Bar Association legal conservatives, was initially nominated to the San Francisco- based US Court of Appeals in February of 2010. His nomination was re-established two times in the midst of GOP apprehension over his judicial views.The No. 2 Senate Democrat, Richard J. Durbin of Illinois, asserts that Republicans are aiming to keep major judicial vacancies open in the hopes that a Republican president will be elected in 2012. According to Durbin, an appointment to the appeals court is crucial ''because of the tremendous responsibility and opportunity there is for important and historic decisions.'' Some Democrats have further suggested that Republicans fear that the 40-year old Liu could make it to the Supreme Court in the years to come, if the current nomination is confirmed.
Graham, however, said that it was Liu's attack on Alito that brought on his apprehension. According to Graham, ''Goodwin Liu should run for elected office, not serve as a judge. Idealogues have their place, just not on the bench.''
Liu, himself admitted that his testimony regarding Alito was ''unduly harsh'' and said he would have ''deleted it'' if he could do it again. He also said that his opinions and views, as expressed in his writings, would have no relation to his actions as a judge. But Republicans are not convinced. Senator John Cornyn of Texas noted that it took Liu four years to offer a ''semi-apology'' for his remarks about Alito and that apology took place before the Senate Judiciary Committee. According to Cornyn, many nominees who face the committee seem to ''undergo a nomination conversion that changes the tone and nature of their remarks and attitudes,'' but the conversion doesn't always last.
