Let's break it down to facts. What heinous crime did Pickering commit?
(excerpt)
But first, a recap. The concerns over Pickering's qualifications date back to 1959 when, as a law student at the University of Mississippi, he wrote a note for the law review suggesting methods to make the state's law banning interracial marriage less vulnerable to legal challenges. Conservative supporters have described that as a purely academic exercise by a much younger man, while liberal critics have described it as the beginning of a pattern. Critics also point to other racially charged moments in his past, such as his connection to the Mississippi Sovereignty Commission, a state agency that worked to maintain segregation. When he was nominated to be a District Court judge in 1990, Pickering testified that he had no connection to the commission -- but it was later revealed that he had once asked an official at the agency to keep him informed of a labor dispute in his hometown. Again, conservatives paint this as incidental, liberals as symptomatic.
His record as a judge and state senator has also come under fire, with liberals angry at his efforts to curtail federal jurisdiction over voting districts to maximize minority representation and at his opposition to abortion, including support for a constitutional convention that would have proposed an amendment to ban abortion. Furthermore, on the bench, Pickering's decisions have been reversed 15 times by the Circuit Court, which critics see as evidence of his lack of allegiance to established law. In addition, his ethics have come into question in a case where Pickering allegedly inappropriately pressured the Justice Department to seek a lighter sentence against a man convicted of burning a cross. He also took the unorthodox step of asking lawyers who argue in his court to write letters of support on his behalf, and even read some of them before forwarding them on to the Justice Department.
Many of these issues raise unique questions about what kind of issues should be used to evaluate a nominee to the federal bench. But a rational conversation is anathema to many of the partisans involved.
The preceding excerpt was from
this article.
It appears that the liberals don't want anyone who doesn't interpret the law as they prefer to be on any bench. Their litmus tests are a bit narrow. The guy isn't perfect. None of them are.