ILNews

BREAKING: Senate Judiciary delays nomination vote

Michael W. Hoskins
January 1, 2009
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The Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Circuit Court of Appeals because some senators are concerned about the Indianapolis jurist's record on the bench.

Senators agreed during an executive business meeting this morning to hold over the nomination vote to the next meeting, which hasn't yet been set.

Committee chair Sen. Pat Leahy, D-Vt., said the delay was because the new ranking Republican committee member, Sen. Jeff Sessions, R-Ala., had concerns.

"There's a number of troubling rulings ...." Sessions said, referring to Judge Hamilton's decision on opening prayers at the Indiana General Assembly and another prohibiting religious displays in public buildings. "There's some legitimate concerns .... It's time for federal courts to get their heads straight on the proper separation between church and state."

Leahy however said Judge Hamilton, who is President Barack Obama's first judicial nomination, should be praised for support he's drawn from both parties.

"The president's nomination is something that is to be commended, not obstructed and delayed," he said.

If Judge Hamilton gets approval from the Senate committee, he must then face the full Senate for confirmation.

The president had selected him for the appellate post in March, and if confirmed he'd succeed Circuit Judge Kenneth Ripple who took senior status in 2008.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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