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UPDATE: Hamilton vote set for Thursday

Michael W. Hoskins
January 1, 2009
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The full U.S. Senate will hold a roll call vote at 2:30 p.m. Thursday on an Indianapolis judge's controversial nomination, deciding whether U.S. Judge David F. Hamilton will move up to the 7th Circuit Court of Appeals.

Eight months after President Barack Obama chose him, and five months after getting through the Senate Judiciary Committee on a partisan vote, Judge Hamilton will learn whether he'll be elevated to the appellate bench from the Southern District of Indiana, Indianapolis Division, where he currently serves as chief judge and has been a judge for 15 years.

About 70 percent of the Senate voted Tuesday afternoon to crush a judicial filibuster threat from some conservative Republican senators, meaning a final vote could proceed on President Barack Obama's first judicial pick. The 5 p.m. vote was 70-29, with 10 Republicans and two Independents crossing the partisan aisle to cut off debate. A procedural 30 hours of debate time followed, but on Wednesday less than an hour was devoted to discussing the judge's nomination overall as the day and evening's business went on.

Earlier in the week, both of Indiana's senators - Republican Richard Lugar and Democrat Evan Bayh - spoke in favor of Judge Hamilton and highlighted their thoughts that he's well qualified for the appellate bench.

But on Wednesday afternoon, Sen. Tom Coburn, R-Okla. and a Senate Judiciary Committee member, was the most dramatic in his opposition, at times pointing his finger in the air and shouting "activist" or "ignored" in referencing what he thought of the judge's rulings and his adherence to precedent. The senator repeatedly accused Judge Hamilton of breaching his judicial oath and disrespecting the rule of law by using his own personal bias and prejudices to "do what he wants" instead of following the U.S. Constitution.

"He embraces a liberal activist philosophy, and has implemented that philosophy in his decisions," Coburn said. "That's the problem with activist judges. They see no limits; they take a personal bias and use that bias to make their own decisions rather than looking at the Constitution."

Sen. Jeffrey Sessions, R-Ala., the ranking party member of the Senate Judiciary Committee, opposed the cloture motion and voiced concerns about Judge Hamilton's record and work history, saying it's important to continue debate on Judge Hamilton because he was the president's first pick and will set the stage for how both parties can proceed on future judicial nominations.

Speaking Wednesday evening from the Senate floor, Sessions reiterated those points and added that no debate had been offered by Democrats on Judge Hamilton's nomination and that his colleagues hadn't been given enough time to debate the judge's merits. Sessions said he expects that more than the 29 cloture-opposing senators would vote against Judge Hamilton once the final vote takes place.

The Senate returns Thursday morning, and at 2 p.m. will have only 30 minutes of debate on Judge Hamilton's nomination before proceeding to the final vote.
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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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