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Wednesday, November 04, 2009
Sessions Urges Colleagues to Oppose Obama Nomination of Radical Judge David Hamilton
Posted by: Garrett Murch at 4:07 PM
Yesterday, Senate Judiciary Committee Ranking Member, Senator Jeff Sessions (R-AL), sent a letter to his Senate colleagues urging them to look into the radical record of Judge David Hamilton and to oppose his nomination to the Seventh Circuit Court of Appeals.

Judge Hamilton's controversial decisions include:

  • ruling against public prayer in the Indiana State Legislature over "the use of Christ's name or title".  Yet, a Muslim imam's prayer to "Allah" was seemingly okay to Judge Hamilton


  • opposing the placement of a menorah in the Indianapolis-Marion County Building


  • blocking the implementation of an informed consent law for 7 years


  • disregarding the prior conviction of a repeat drug offender, effectively ignoring a law requiring the Judge to sentence the convicted offender to life in prison

Many of Judge Hamilton's rulings were subsequently overturned by higher courts, sometimes with scolding rebukes of the Judge's decisions. 

Click here to read Senator Sessions' letter to his colleagues.

More to come soon...

UPDATE:  Word on the street is the Judge Hamilton nomination could come to the floor for a vote as early as next week.  If you don't think this sort of behavior should be rewarded with an appointment to a circuit court, call your senators and let them know!


View in ascending order View in descending order
coopmeister writes: Wednesday, November, 04, 2009 4:23 PM
Old sour grapes Sessions
Senator Jeff Sessions is still bitter that Republicans rejected then-U.S. Attorney Sessions' nomination by Ronald Reagan for an appointment as a federal judge.

He'll be damned if any Obama pick gets a top judge job.
Starman writes: Wednesday, November, 04, 2009 4:38 PM
sounds about right
Hamilton looks like the type of scmuck that Odumbo would hang with.
Tazzmax writes: Wednesday, November, 04, 2009 4:53 PM
The demo-RATs
have the power to cram this pos judge down Americas' throat,...and they will do it, you can count on it!
Speedicut writes: Wednesday, November, 04, 2009 4:55 PM
better check first
make sure he's not hispanic.
Exeye writes: Wednesday, November, 04, 2009 6:37 PM
Yeah, call your Senators
'Cause that worked so well with Sotominor.
paddy o'furniture writes: Wednesday, November, 04, 2009 6:43 PM
Call my senators?
My senatresses are Boxer and Feinstein. The best tack I could take would be to try and convince them this guy would be a great Conservative judge.....
If they were stupid (and we all know they are), I might be able to pull it off.....
dreadnaught writes: Wednesday, November, 04, 2009 7:25 PM
correct, paddy

We leave it to luck, since argument won't convince a Democrat.

Since Boxer is certifiably nuts; she'll reject anybody remotely reminding her of the Republicans. We'll tell her too many Republicans approve of Hamilton. Air will accomplish the rest.

Feinstein only knows we're going to snatch her seat in Congress in 2012. That ought to lose her any resolve she had.
sceptyczny writes: Wednesday, November, 04, 2009 7:48 PM
seems like a conservative
On June 8, 1994, President Bill Clinton nominated Hamilton to be a judge on the United States District Court for the Southern District of Indiana. The United States Senate confirmed Hamilton in a voice vote on October 7, 1994,[5] and he received his commission on October 11, 1994.[5]

A number of cases decided by Hamilton have drawn media attention. In American Amusement Mach. Asso'n v. Cottey,[8] Hamilton held that the First Amendment did not prevent the city of Indianapolis from requiring parental consent for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit.[9]

In November 2005, Hamilton drew headlines for ruling that the Indiana state legislature is not permitted to begin its sessions with Christian prayers, and that invocations must not use names like Jesus Christ or Christian terms like savior. Hamilton concluded that using proselytizing words in invocations at the statehouse violated the United States Constitution. "All are free to pray as they wish in their own houses of worship or in other settings," Hamilton wrote. "Those who wish to participate in a practice of official prayer must be willing to stay within constitutional bounds."[10]

In 2006, the Seventh Circuit upheld Hamilton's decision to sentence a child pornographer to one hundred years in prison.[11]

In 2008, Hamilton became the chief judge of the Southern District of Indiana.[5]

On March 17, 2009, President Barack Obama announced his intention to nominate Hamilton to a vacancy on the United States Court of Appeals for the Seventh Circuit that was created by the September 2008 transition to senior status by Judge Kenneth F. Ripple.[12]
sceptyczny writes: Wednesday, November, 04, 2009 7:49 PM
lying reactionaries.
"Hamilton struck down "sectarian" prayer in Indiana legislature -- not just the words "Jesus Christ." Using Supreme Court precedent (Marsh v. Chambers), Hamilton ruled in Anthony Hinrichs, et al. v. Brian Bosma that prayer in the Indiana House of Representatives "should refrain from using Christ's name or title or any other denominational appeal" and that such prayer "must be nonsectarian and must not be used to proselytize or advance any one faith or belief or to disparage any other faith or belief." Hamilton wrote that the "sectarian content of the substantial majority of official prayers in the Indiana House therefore takes the prayers outside the safe harbor the Supreme Court recognized for inclusive, non-sectarian legislative prayers in Marsh v. Chambers, 463 U.S. 783 (1983)."

Post-judgment motion clarified that prayers may include all "non-sectarian" references to God. In a post-judgment motion, Hamilton wrote that "[t]he Arabic word 'Allah' is used for 'God' in Arabic translations of Jewish and Christian scriptures" and that "[i]f those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language's terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others." He continued: "If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court."
Bill writes: Wednesday, November, 04, 2009 8:47 PM
The Unresponsive Court
Have you heard this before? What is the Court doing? Have they lost their mind? They are a bunch of Democrat appointed, left wing, atheistic, liberals who answer to no one. No they are a bunch of Republican appointed, Right wing, Religious right, conservatives who answer to no one. No matter which side of the ball you fall on no doubt you have had similar feelings. Sometimes it’s hard to wrap our brains around a branch of government that is so secretive. They almost never give interviews. They never publicly stand up, before the people and explain their decisions. They hide behind written majority and minority opinions that very few people read. The Court is not a representative branch of our government; therefore, the American people feel disenfranchised from the judiciary. The people don’t get to pick the justices and they can’t replace them if they fail to represent society’s views. See more at PoliticalGuardDog.com

Bill Scott
Tazzmax writes: Wednesday, November, 04, 2009 9:11 PM
Bill
AMEN!..You hit the nail right on the head!
Black robed tyrants who make up their own rules,..the constitution be damned.
They are a very dangerous branch of our govt.
Peter writes: Wednesday, November, 04, 2009 10:57 PM
communist rules
When the people are sick of you in Russia, You get clipped. I guess its pretty common there. I wonder if it'll become common here too.Kind of like the mafia wars back in the day.Government Corruption to the core.
tribeck writes: Wednesday, November, 04, 2009 11:45 PM
Executive Privilege to Nominate Judges
While Bush was in office, he elected people whose ideology was close to his own. Obama has the right to do so. The only time the senate should delay a vote or reject a candidate is if that candidate is UNQUALIFIED. That means the person fails to pass the initial assessment questionnaire handed to them as a 'take home test' like in the case of Miers (Bush really was drinking again, no other explanation for Miers).

Obama deserves his executive privilege to nominate those radical 'leftists' after all, they are close to his ideology and every POTUS has that privilege.
Big Sky Cowboy writes: Thursday, November, 05, 2009 1:13 PM
Coop
So your saying judge hamilton is a great jurist?
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