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UPDATE: Senate passes cloture motion

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UPDATE 5:05 p.m. Tues., Nov. 17, 2009

The full U.S. Senate has ended debate on the controversial nomination of U.S. Judge David F. Hamilton, and now senators will vote as soon as Wednesday morning on his confirmation to the 7th Circuit Court of Appeals.

A cloture vote came about 5 p.m., with the Senate voting 70-29 to crush the judicial filibuster threat on President Barack Obama's first judicial pick. Debate started about 3:15 p.m. and lasted a little more than an hour before the voting began, with senators on both sides speaking for and against Judge Hamilton and why they should consider his nomination. Ten Republicans crossed the partisan aisle and went against their own party leaders by voting to limit debate, including Indiana's Republican Sen. Richard Lugar who had defended Judge Hamilton in a floor speech on Monday.

Now, up to 30 hours can be used to discuss Judge Hamilton's nomination before a final up-or-down vote, Senate aides say. With three-fifths of the Senate voting to limit debate, it seems likely that the simple majority needed to confirm Judge Hamilton's nomination will be possible. The Senate returns at 9:30 a.m. and could take up the nomination vote first thing, or anytime after it convenes a period of morning business.


Original IL Daily story follows:

Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's controversial nomination is coming to a head this week.

The full U.S. Senate is expected to vote today on a debate-limiting measure called cloture, which if passed would push forward the nomination of U.S. Judge David F. Hamilton, chief judge of the Southern District of Indiana who is being considered for elevation to the 7th Circuit Court of Appeals in Chicago. President Barack Obama nominated the judge in March as his first judicial pick for the federal judiciary. If confirmed, Judge Hamilton, who's been on the District bench since 1994, would replace Circuit Judge Kenneth Ripple who took senior status in September 2008.

After five months of delays from the Senate's Republican minority in moving the nomination forward, Senate Majority Leader Harry Reid, D-Nev., last week filed a motion to invoke cloture and bring Judge Hamilton's nomination to an up-or-down vote. He needs 60 votes to achieve that, and if passed the Senate would be limited up to 30 hours of debate before a final confirmation vote. Senate aides expect the cloture to pass and for a vote to happen Wednesday because Judge Hamilton has some bipartisan support - Sen. Richard Lugar, R-Ind., defended the Hoosier jurist in a floor speech Monday afternoon.

Sen. Jeffrey Sessions, R-Ala., the ranking member of the Senate Judiciary Committee, opposed the cloture motion and voiced concerns about Judge Hamilton's record and work history, citing past rulings as well as his month of fundraising work for the Association of Community Organizations for Reform Now (ACORN) after graduating from college in 1979 and a year of sitting on the governing board of what is now the American Civil Liberties Union of Indiana in the mid-80s when he practiced at Barnes & Thornburg. Sessions said 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.

A cloture vote is expected later today once senators complete action on a military construction and veterans' aide bill. That vote hadn't happened by 2:15 p.m., but an hour of debate is expected prior to the cloture vote ­- with debate equally divided between Sessions and Senate Judiciary Committee Chair Pat Leahy, D-Vt. Check for updates at Indiana Lawyer's Web site, www.theindianalawyer.com, as well as expanded coverage in the Nov. 25-Dec.8, 2009, print edition of Indiana Lawyer.

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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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