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Thursday, November 05, 2009

Courts - Update on Judge David Hamlton's nomination to 7th Circuit

A long analysis by Larry Margasak of the AP is published by the Washington Post today. Some quotes:

WASHINGTON -- Ten months into Barack Obama's presidency, Democrats are accusing Republicans of creating "a dark mark on the Senate" by delaying confirmation of his federal court nominees. * * *

It's primarily two federal judges - one from Indiana, the other Maryland - who've been waiting five months for Senate Majority Leader Harry Reid, D-Nev., to bring their nominations for appeals court promotions to the Senate floor. * * *

"It would be wrong for us to be a rubber stamp for each nominee," Alabama Sen. Jeff Sessions, the senior Republican on the Judiciary Committee, said in a recent confirmation dustup in the Senate. * * *

The Republican stall at this point is focused on two appellate court judges whose nominations were sent by the Judiciary Committee to the full Senate on June 4:

- David Hamilton of Indiana, a U.S. district judge and nephew of former Democratic Congressman Lee Hamilton, chosen for the Chicago-based appeals court. Reid said he wants a vote on Hamilton by Veterans Day. He'll probably need a super majority of 60 to get one.

- Andre Davis, a district judge in Maryland, nominated for a seat on the appellate court headquartered in Richmond, Va.

Sessions made it clear his party will put up a fight against confirming either. He cited Hamilton's position in the late 1980s as a vice president for litigation and board member of the Indiana chapter of the American Civil Liberties Union. Sessions also complained about Hamilton's judicial rulings.

"Instead of embracing the constitutional standard of jurisprudence, Judge Hamilton has embraced this empathy standard, this feeling standard. Whatever that is, it is not law. It is not a legal standard," Sessions said. * * *

"Most of the nominees ... will go through in an expeditious manner," Sessions said.

Okay, now take a look at this editorial in the Washington Times. The headline: "Jesus, no, but yes to Allah: Another immoderate judge nominated by Obama." It begins:
Senate Democrats are proving once again that no judicial nominee is too extreme for them to stomach. A move seems to be afoot to open debate on the Senate floor this week on the nomination of David Hamilton of Indiana to the 7th Circuit U.S. Court of Appeals. This judge is a radical's radical.

Alabama Sen. Jeff Sessions, the ranking Republican on the Judiciary Committee, sent a letter on Friday to his fellow senators outlining his objections to Mr. Hamilton, who is a federal district judge.

The editorial continues with an outline of Senator Sessions' objections.

Posted by Marcia Oddi on November 5, 2009 08:42 AM
Posted to Courts in general