Thursday, November 12, 2009

Reject David Hamilton for 7th Circuit Court of Appeals

I am deeply concerned by the direction in which the federal judiciary has gone in recent decades. Far too many judges have been nominated and confirmed based on some divisive "litmus test" such as gun rights or abortion rights. The only correct "litmus test" that should be applied is a deeply-held respect for the US Constitution and those laws and precedents that fully comply with the original intent of the Constitution.

I have no idea what "litmus test" Obama used in selecting David Hamilton for the 7th Circuit Court of Appeals, but clearly was not sound judgement or respect for the rule of law.

Judge Hamilton, a district court judge, is Barack Obama's nominee to the 7th Circuit Court of Appeals. That very court has cited Judge Hamilton for abusing his power as a judge.

Hamilton was initially appointed by President Clinton to a district judgeship in Indiana in 1994. ABA gave him a “not qualified” rating.

Over a period of 7 years Hamilton proceeded to issue a series of rulings preventing Indiana from implementing its informed consent (a statute materially identical to a law held valid by the US Supreme Court) law which would have given women information about abortion's risks and alternatives. The 7th Circuit Court, (the very court to which he has now been nominated), overturned Hamilton's rulings and issued a statement rebuking him for holding up the law.

In 1994, the 7th Circuit rebuked Judge Hamilton for denying a Rabbi the right to display a Menorah as part of an Indianapolis holiday display.

Judge Hamilton stated in a 2003 speech that the role of a judge includes writing footnotes to the Constitution: "Judge S. Hugh Dillin of this court has said that part of our job here as judges is to write a series of footnotes to the Constitution. We all do that every year in cases large and small." In explaining this statement to Senator Orin Hatch, Judge Hamilton wrote that he believes the Framers intended judges to amend the Constitution through evolving case law. This is an extremely dangerous attitude! The Constitution belongs to the people -- not to unelected judges!

In 2005, Judge Hamilton prohibited the Indiana House of Representatives from praying if Jesus's name was mentioned, but said praying in Allah's name was perfectly fine! He ruled that prayers to Jesus were sectarian and unconstitutional while stating that prayers to "Allah" were acceptable.

He also is one of the most lenient judges in America when it comes to crime and criminals.

In 2007, Judge Hamilton used his opinion to request clemency for a police officer who pled guilty to two counts of child pornography. The 32 year old officer had engaged in "consensual" sex with two teenagers and videotaped his activities.

In 2008, the Seventh Circuit faulted Judge Hamilton for disregarding an earlier conviction in order to avoid imposing a life sentence on a repeat offender.

Senators must make all decisions regarding judicial nominees based on the judge's professional qualifications and his/her respect for the Constitution -- not on whether he/she is politically correct (politically cleansed).

On taking office, every Senator takes the following oath:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
They do not take an oath to any political ideology, political party, party leader, king, or president. They take an oath to "support and defend the Constitution of the United States against all enemies, foreign and domestic."

The Senate Judiciary Committee and the Senate must expedite confirmation of judicial nominees who have a solid record of applying the original intent of the Constitution and halt consideration of all pending judicial nominees from any administration who do not respect the rule of law or who are hostile to any individual liberty guaranteed by the US Constitution and the Bill of Rights.

The Senate must demand the president nominate only "originalist" judges who will not impose their own (or the president's) agenda on their decisions. Compromise is giving in to the enemies of liberty. There must be no compromise!

David Hamilton has demonstrated a history of being an unfit judge. Instead of being elevated to the 7th Circuit Court of Appeals, he should be removed from the bench.

No comments:

Post a Comment