ILNews

U.S. Senate debating Indiana judge's nomination

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

ADVERTISEMENT