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Senate OK's David Hamilton to be US appeals court judge

Judge David Hamilton is elevated to the US appeals court, after GOP effort to stall a vote failed. Republican resistance signals more political fights are likely over Obama's nominees to the federal bench.

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GOP critical of Hamilton's past

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In addition to several of his rulings, Republican critics have focused on Hamilton’s two months of work in the summer of 1979 – 30 years ago – as a fundraiser for the controversial group ACORN, the Association of Community Organizations for Reform Now. They have also criticized his two years of service in 1987 and 1988 as a board member and vice president for litigation at the Indiana Civil Liberties Union.

Senator Sessions and other critics say Hamilton embraces Mr. Obama’s call for judges with empathy. In written answers to the Senate, Sessions said, Hamilton expressed the belief that judges may reach different decisions in cases depending on the practical consequences of the decision.

“That is not law, it is more akin to politics,” Sessions said.

Not all Republicans were persuaded. Senator Lugar, the senior Republican in the Senate, rejected claims that Hamilton’s judicial decisions reflect a political agenda. “I believe a closer look at his record will reveal that Judge Hamilton has not been a judicial activist and has ruled objectively and within the judicial mainstream,” he said in a speech on the Senate floor Monday.

Personal endorsement from a key Republican

“I have known David since his childhood,” said Lugar, in an unusually personal endorsement. “His father, Reverend Richard Hamilton, was our family’s pastor at St. Luke’s United Methodist Church in Indianapolis, where his mother was the soloist in the choir.”

Lugar continued: “Knowing first-hand his family’s character and commitment to service, it has been no surprise to me that David’s life has borne witness to the values learned in his youth.”

Hamilton is the nephew of former Indiana Congressman Lee Hamilton. He is a graduate of Haverford College and Yale Law School. In 1983-84, he clerked for Seventh Circuit Judge Richard Cudahy.

Hamilton will fill a seat left vacant by Judge Kenneth Ripple, a Reagan appointee, who took senior status last year.

He joins an 11-judge court staffed by seven judges appointed by Republican presidents and four by Democratic presidents. The circuit covers Illinois, Indiana, and Wisconsin.

There are currently 21 vacancies among the nation’s 179 federal appeals court judges. Obama has nominated 12 individuals, and two have been confirmed.


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