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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT