Senate to Vote on Radical Judge Nominee

By Susan Brinkmann, OCDS
Staff Journalist

Senate Majority Leader Harry Reid is calling for a vote next week on the controversial David Hamilton, a pro-abortion ideologue and former ACLU attorney nominated by Pres. Obama to serve on the 7th Circuit Court of Appeals.

According to a report by, Sen. Reid has called for a cloture vote to cut off debate and end the bipartisan filibuster-hold that has been placed on the controversial nominee.
Hamilton, an Indiana trial judge, has ruled against abortion waiting periods and permitting chaplains to offer Christian prayer at the Indiana state house. He also ruled against stiffer penalties for sex offenders. In addition to serving as the head of the ACLU’s Indiana chapter, he also worked for ACORN. When President Clinton nominated Hamilton to a district judgeship in 1994, he was rated “not qualified” by the American Bar Association.

“Judge Hamilton was President Obama’s first judicial appointment and has received bipartisan opposition due to his radical views and the general belief he is not qualified to sit on the 7th Circuit, a court that has overruled him numerous times,” writes the Family Research Center (FRC).

In fact, the very court to which he has been nominated, recently chided him for holding up implementation of an informed consent law that would give women information about abortion risks and alternatives.

“For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court in Karlin, and by the fifth circuit in Barnes,” the 7th Circuit judges wrote in their decision.

“No court anywhere in the country (other than one district judge in Indiana [i.e., Hamilton]) has held any similar law invalid in the years since Casey,” they added. “[I]t is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate.”

Lawmakers on both sides of the aisle have opposed Hamilton’s radical views and his nomination to the bench is not at all certain.

Sen. Reid will need 60 votes for cloture and he may not be able to reach that number with all Republican senators (with the exception of Indiana’s Senator Dick Lugar) and several pro-life Democrats such as Sen. Ben Nelson saying they will oppose the nomination.

To contact your Senator about the nomination of David Hamilton, visit

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