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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. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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