Judge David Hamilton’s Record

Deborah O'Malley / November 17, 2009

Today, the Senate may vote to limit debate on the nomination of Judge David Hamilton to the 7th Circuit Court of Appeals, a significant federal court which covers Illinois, Indiana, and Wisconsin, and whose opinions are more often than not the final word in cases. By limiting debate, Senators will barely have time to scratch the surface of Hamilton’s record of radicalism before considering whether to confirm him for this important, lifetime position.

Judge Hamilton, currently a federal trial court judge in Indiana, has a long career of liberal political and judicial activism, though the media has touted him as a “moderate.” His political background involves fundraising for ACORN and serving as vice president for litigation and a board member for Indiana’s ACLU branch. His rulings as a district judge reveal an inability to part with the extreme political leanings that are characteristic of these two organizations.

For example, the very court to which Hamilton is nominated overturned a series of his rulings that blocked enforcement of an Indiana law requiring informed consent for abortions. The language in the 7th Circuit’s majority’s opinion laments Hamilton’s blithe disregard for the rule of law: “No court anywhere in the country (other than one district judge in Indiana) has held any similar law invalid in the years since Casey.” That “one district judge in Indiana” refers to Hamilton himself. (more…)