Obama's First Judicial Nominee: Another Slap in the Face of Christian Conservatives

Mario Diaz
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Posted: Mar 25, 2009 4:37 PM
Obama's First Judicial Nominee: Another Slap in the Face of Christian Conservatives

While President Obama continues to talk about unity and hope on his current “media tour,” with his actions he continues to divide, alienate, and disregard the millions of pro-life, pro-family Americans whom he is still supposed to serve.  

The reversal of the Mexico City policy, expanding destructive embryonic stem cell research, the push to force doctors to perform abortions, and the numerous nominations of extremely radical nominees like David Ogden, Kathleen Sebelius and Dawn Johnsen, among many others, are just a few of the many actions where he has shown contempt for people of faith.

He continues to do so with his first judicial nomination: Judge David Hamilton to the U.S. 7th Circuit Court of Appeals.  An examination of Judge Hamilton’s record as a U.S. District Court Judge should bring chills to all freedom-loving people in America. 

Judge Hamilton was the infamous activist judge who in 2005 ordered the Speaker of the Indiana House to immediately stop the practice of “sectarian prayers” at the opening of the legislative session.  Apparently the prayers were too Christian for Mr. Hamilton.  “[T]hey should refrain from using Christ’s name or title, he ordered.

The Seventh Circuit Court of Appeals, where he is to serve if President Obama has his way, eventually overturned his foolish decision.

Hamilton also issued a series of rulings over seven years that prevented the state of Indiana from enforcing its informed-consent law requiring abortionists to inform women about the risks of the abortion procedure.  The law was identical to the Pennsylvania statute that the United States Supreme Court upheld in Planned Parenthood of Southeastern Pennsylvania v. Casey.  But Judge Hamilton seems to have little concern for the law or precedent, and in a classic case of judicial activism, struck down the law claiming it imposed an “undue burden” on a woman’s ability to obtain an abortion.   

Again, his stubborn and dangerous ruling was reversed on appeal to the Seventh Circuit, where the court strongly criticized his decision, calling it an “abuse of discretion.” 

Before any of these decisions as a district judge, Hamilton served as a board member of the Indiana chapter of the American Civil Liberties Union (ACLU) and as a fundraiser for the liberal activist group ACORN.  He was later nominated by President Clinton to the district court and the American Bar Association (ABA) rated Hamilton as “not qualified” at that time. 

But we all know what booting Jesus out of the public square and abusing your discretion to promote abortion will get you these days: a “well qualified” rating by the ABA and a promotion to a lifetime appointment on a federal court of appeals from President Obama.

I hope this latest slap wakes us up.  Many conservatives were hoping President Obama would show some good faith by re-nominating some of President Bush’s nominees, as President Bush did with several Clinton nominees.  Far from it.

No Senator in good conscience should vote for this nominee.  Judge Hamilton has shown himself to be an activist judge all too willing to disregard the law to advance his ideology.  To prevent such a judge from ever being confirmed is the very purpose of the “advice and consent” process.