ILNews

UPDATE: Hamilton vote set for Thursday

Michael W. Hoskins
January 1, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Affordable Loan Offer (ericloanfinance@hotmail.com) NEED A LOAN?Sometime i really wanna help those in a financial problems.i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Eric Benson lending service.it cost dollars to loan from their company. my aunty from USA,just got a home loan from Eric Benson Lending banking card service.and they gave her a loan of 8,000,000 USD. they give out loan from 100,000 USD - 100,000,000 USD. try it yourself and testimony. have a great day as you try.Kiss & Hug. Contact E-mail: ericloanfinance@hotmail.com

  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

ADVERTISEMENT