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U.S. Senate confirms Hamilton for 7th Circuit

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U.S. District Judge David F. Hamilton is the newest jurist on the 7th Circuit Court of Appeals.

After a half hour of final debate starting at 2 p.m., the U.S. Senate voted within an hour to confirm Judge Hamilton, who was President Barack Obama's first judicial pick.

He has served the Southern District of Indiana bench for 15 years and currently serves as chief judge. He succeeds Circuit Judge Kenneth Ripple, who took senior status in September 2008.

"We're so very happy for our colleague that this long process has finally ended," said Judge Sarah Evans Barker in Indianapolis, "and of course, that it's culminated in his appointment. We have always had complete confidence in his abilities, and that's never waived. We'll miss his collegiality on our court here, but we'll look forward to working with him at the Court of Appeals level."

Today's final vote of 59-39 capped an eight-month nomination process that had been prevented from reaching the floor for debate since June when Judge Hamilton survived the Senate Judiciary Committee by a partisan vote. On Tuesday, 70 percent of the Senate crushed a judicial filibuster threat by some conservative senators, allowing the controversial nomination to finally proceed to an up-or-down vote.

Sen. Jeffrey Sessions, R-Ala., the ranking member of the Senate Judiciary Committee, opposed Judge Hamilton's nomination because of concerns about his record and work history, which they labeled as "liberal" and evidence of a "judicial activist." Sessions pushed debate because the judge was the president's first pick and sets the stage for how both parties can proceed on future judicial nominations.

But several senators - including Indiana's senators, Republican Richard Lugar and Democrat Evan Bayh - defended Judge Hamilton and called those accusations unfounded, saying the judge is well qualified for the appellate bench.

Speaking on Judge Hamilton's behalf from the Senate floor earlier this week, Bayh called the nomination delays that had stopped the judge from getting a vote since summer a "sad state of our judicial nominating process."

"I know first hand (Judge Hamilton) is a highly capable lawyer who understands the limited role of the federal judiciary," he said.

A formal swearing in will likely occur in early 2010, and the judge will be able to begin his appellate duties immediately after the president signs his commission document. But as has happened in the past with other judges, the chief Circuit judge will likely re-designate him to the District Court in a limited capacity in order to tie up his caseload and assist until a successor is nominated and confirmed. Bayh's office has not publicly released any candidates' names and the White House does not have a timeline for when any judicial nomination might be announced.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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