CQ TODAY PRINT EDITION
– LEGAL AFFAIRS
March 17, 2009 – 12:22 p.m.
With GOP Support, Obama Makes First Appellate Court Nomination
By Keith Perine, CQ Staff
President Obama made his first appellate court nomination Tuesday, tapping Indiana federal judge David F. Hamilton for a seat on the U.S. Court of Appeals for the 7th Circuit.
The president’s pick was a clear signal that he hopes to establish a new bipartisan tone on appellate court nominations, which have roiled the Senate for years. But it is too early to tell how the process will play out.
“Judge Hamilton has a long and impressive record of service and a history of handing down fair and judicious decisions,” Obama said. “He will be a thoughtful and distinguished addition to the 7th Circuit and I am extremely pleased to put him forward to serve the people of Illinois, Indiana and Wisconsin.”
The White House announcement included a statement from Sen. Richard G. Lugar , R-Ind., hailing the nomination. Senate Republicans have threatened to filibuster any judicial nomination from states with Republican senators unless those lawmakers sign off on the candidate.
“I enthusiastically support the Senate confirmation of David Hamilton for U.S. 7th Circuit Court of Appeals,” Lugar said. Indiana’s junior senator, Democrat Evan Bayh , said he was “proud to work side by side with Sen. Lugar to recommend Judge Hamilton for this lifetime appointment.”
President Bill Clinton named Hamilton to be a federal judge in the Southern District of Indiana, where he has served since 1994.
Hamilton has also been a lawyer in private practice in Indianapolis and was a counsel to Bayh from 1989 to 1991, while Bayh was governor of Indiana. Lugar said Hamilton’s father was the pastor of Lugar’s church.
Liberal activists applauded the nomination, but conservative activists reacted with dismay.
“We need to read his decisions carefully to make definitive pronouncements, but it’s clear that at least some of his work on the bench demonstrates his willingness to embrace judicial activism,” said Wendy Long, legal counsel to the conservative Judicial Confirmation Network.
Among the aspects of Hamilton’s record that conservatives dislike is his injunction against an Indiana law that required women to wait 18 hours after receiving in-person abortion counseling before getting an abortion. The 7th Circuit ended up lifting that injunction.
Lugar dismissed conservatives’ criticism, saying, “I’m not aware of many judges” who have never issued a ruling that some have found controversial. Lugar said he believes Hamilton will be confirmed.
Given Lugar’s backing, Republicans are highly unlikely to attempt a filibuster, despite misgivings of conservative activists.
Sen. John Cornyn , R-Texas, said Lugar’s support was a good sign, but he added, “I want to start there, but not end with that.”
Sen. Lamar Alexander , R-Tenn., also said Lugar’s support for Hamilton was “a good start.” Alexander said that he had spoken last week with White House counsel Gregory B. Craig about potential judicial nominations. One federal district court seat is open in Tennessee. And a 6th Circuit judge from Tennessee, Martha Craig Daughtrey, took senior status Jan. 1.
“I think my role is to react to their nominees, not to make appointments,” Alexander said, adding he would be “very surprised if I found fault” with any names that Tennessee’s Democratic House members or the state’s Democratic Gov. Phil Bredesen suggest.
The American Bar Association’s Standing Committee on the Federal Judiciary gave Hamilton a unanimous “well qualified” rating. Obama has allowed the ABA to resume its practice of vetting judicial nominations before they are made. President George W. Bush had discontinued that practice.
There are 14 other vacancies on federal appeals courts around the country, including the 6th Circuit seat, and a 9th Circuit seat that was established Jan. 21.




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Obama sure has a lot on his plate lately.
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