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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  2. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  3. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  4. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  5. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

ADVERTISEMENT