Surprising controversy?

April 20, 2009
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The U.S. Senate is back from break and ready to get down to business. On the Senate executive calendar for today is the nomination of Indiana University Maurer School of Law Professor Dawn Johnsen. She’s been on the calendar in the past and nothing’s happened, so who knows if the Senate will actually get around to discussing her nomination today.

Johnsen, along with another nominee with an Indiana connection, federal judge David Hamilton, are causing quite a stir in Washington. There are some people and groups that adamantly oppose Johnsen becoming Assistant Attorney General of the Office of Legal Counsel or Judge Hamilton joining the 7th Circuit.

What are the chances that two nominees from Indiana would be so controversial? When I think of Indiana, I immediately think conservative, so I’m surprised that these nominees are being cited for their more “liberal” leanings or rulings.

I can understand why some groups may oppose Johnsen as a nominee – she has been very outspoken about former President George W. Bush’s policies and worked at NARAL Pro-Choice America and the American Civil Liberties Union before joining the Clinton administration. To some people, those are controversial organizations that work in areas others strongly oppose.

But when it comes to Judge Hamilton coming under fire for his rulings, I just don’t get it. As a judge, he has to decide based on the law. His controversial rulings just upheld the law. While you may not agree with his decisions, that doesn’t make him a bad judge or unfit for the bench.

At this time, we still don’t know if Johnsen or Judge Hamilton will be confirmed, but we’re keeping a close eye on it. What do you think about the controversy surrounding these two? Justified or unwarranted?
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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