Wednesday, January 18, 2017

Goodwin Liu Makes Case for Liberal Dissent

That's the title of an article in today's Recorder here, which begins:
Image result for goodwin liuGoodwin Liu thinks it's OK to disagree with the U.S. Supreme Court—and he's not exactly shy about it.
At a conference at University of California, Hastings Law School, the liberal-leaning, Yale-educated California Supreme Court justice told an auditorium full of attendees why state courts sometimes have the prerogative to take a "dissenting view" on issues of constitutional law, and how they can do so.

He also spoke briefly on dissentals:

"It seems to me that the practice of dissenting from denials of review is just a little tiny glimpse, a little tiny bit of transparency, into this otherwise very important but nonetheless incredibly opaque process," Liu said. "We did in the past have a practice of noting our desire to grant a case if the majority determined that it was denied. … Sometimes that's sufficient, but other times I feel a little mystified as to why we should leave people guessing."