Nov 4, 2009 by Bruce
David Hamilton nomination still a bad idea
As Obama’s first appellate court nominee, Judge Hamilton was supposed to be a simply-executed, slam-dunk example of the President’s supposedly new post-partisan politics: supported by both home-state senators, including Richard Lugar, a Republican; a glowing recommendation from the local head of the Federalist Society; a high rating from the ABA.
I’m sure Obama expected a near-unanimous vote for confirmation.
As it turned out, Obama’s carefully selected nominee raised alarms with everyone from pro-lifers to tough-on-crime types. Hamilton survived his Senate Judiciary committee vote only because Democrats there outnumber Republicans. Then his nomination promptly disappeared for several months.
Now, word is circulating through the blogosphere that perhaps Harry Reid is going to bring the nomination to the floor of the Senate for a vote in the next week. In response, Sen. Jeff Sessions has taken the extraordinary step of writing a letter to his Senate colleagues reminding them of Hamilton’s record.
Some excerpts:
“Judge Hamilton has also written that empathy should factor into the judicial making process.”
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“Unfortunately, Judge Hamilton’s activism has not been restricted to his speeches. In Hinrichs v. Bosma. . . Judge Hamilton prohibited prayers in the Indiana House of Representatives that expressly mentioned Jesus Christ as violative of the Establishment Clause, yet he allowed prayers which mentioned Allah. The Seventh Circuit reversed his ruling.”
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“Judge Hamilton’s most determidly activist decisions might be his series of rulings in A Woman’s Choice v. Newman,… Through his rulings in this case, Judge Hamilton succeeded in blocking the enforcement of an Indiana informed consent law for 7 years. In reversing, the Seventh Circuit noted that Judge Hamilton had abused his judicial discretion.”
Read the whole thing. Then call your senator and ask him or her to vote no on Hamilton.
