Three cheers for John McCain – McCain Will Seek to Filibuster Radical Obama Nominee Who Says Constitution Grants Right to Welfare

May 19, 2011 07:29

Goodwin Liu has written that the Constitution grants the right to government-funded health insurance, child care, public transportation and job training. Call NOW! 202- 224-3121

By Fred Lucas at


President Barack Obama’s nomination of Goodwin Liu to the Ninth Circuit Court of Appeals should not come to the Senate floor for a vote on Thursday, according to Sen. John McCain (R-Ariz.), whose spokesperson said the senator would “seek to filibuster the nomination.”

Obama nominated Liu, an associate dean at the University of California-Berkley School of Law and former chairman of the liberal American Constitution Society, in February 2010. But Senate GOP threats of a filibuster last year stopped the nomination from coming to the floor after it twice passed the Senate Judiciary Committee on a party-line vote.

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) filed a motion for cloture, which would cut off debate on the nomination and move it to the Senate floor for an up or down vote. The cloture vote could occur at noon on Thursday and needs 60 votes to pass.

Back on Nov. 1, 2006, Liu wrote in the Yale Law Journal, “First, contrary to the conventional wisdom that ‘the Constitution is a charter of negative rather than positive liberties,’ the social citizenship tradition assigns equal constitutional status to negative rights against government oppression and positive rights to government assistance on the ground that both are essential to liberty.”

The article continues, “Beyond a minimal safety net, the legislative agenda of equal citizenship should extend to systems of support and opportunity that, like education, provide a foundation for political and economic autonomy and participation. The main pillars of the agenda would include basic employment supports, such as expanded health insurance, child care, transportation subsidies, job training, and a robust earned income tax credit.”

During Liu’s 2010 confirmation hearing, Sen. Tom Coburn (R-Okla.) brought up an article by Liu published in the Daito University Law School Journal in Japan. It said, “The use of foreign authority in American constitutional law is a judicial practice that has been very controversial in recent years. The resistance to this practice is difficult for me to grasp since the United States can hardly claim to have a monopoly on wise solutions to common legal problems faced by constitutional democracies around the world.”


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