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GOP Gearing Up To Filibuster David Hamilton (radical Federal judge nominee)
Red State ^ | October 30, 2009

Posted on 10/30/2009 3:11:12 PM PDT by Clintonfatigued

Senator Jeff Sessions, ranking Republican on the Senate Judiciary Committee, is encouraging Republican colleagues to filibuster Barack Obama’s nominee to the Seventh Circuit Court of Appeals, David Hamilton.

Hamilton has major issues against him, including stating publicly his believe that the founders intended the judiciary to routinely amend the constitution through case law. More troubling, David Hamilton has ruled that praying to Allah does not violate the Establishment of Religion clause in the First Amendment, but praying in Jesus Christ’s name does.

According to Sesions’s letter,

Judge Hamilton’s most determidly activists decisions might be his series of rulings in A Woman’s Choice v. Newman, 904 F. Supp. 1434 (S.D. Ind. 1995). Through his rulings in this case, Judge Hamilton succeeded in blocking the enforcement of an Indiana informed consent law for 7 years. In reversing, the Seventh Circuit noted that Judge Hamilton had abused his judicial discretion.

Sessions concludes, “[t]his is not the type of service that should be rewarded with a promotion. In deed, this is one of those extraordinary circumstances where the President should be informed that his nominee is not qualified.”

(Excerpt) Read more at redstate.com ...


TOPICS: Government; News/Current Events; US: Indiana
KEYWORDS: scotus

1 posted on 10/30/2009 3:11:13 PM PDT by Clintonfatigued
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To: SeekAndFind; fieldmarshaldj; AuH2ORepublican; Impy; Norman Bates; LdSentinal; ExTexasRedhead; ...

Good, why shouldn’t they? The ‘Rats filibustered far better choices for the Federal Courts than this nut, who once did legal work for the Indiana branch of the ACLU.


2 posted on 10/30/2009 3:12:46 PM PDT by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: Clintonfatigued

So Obama the Muslim is planning on turning us over to the King he bowed down to.


3 posted on 10/30/2009 3:13:13 PM PDT by stockpirate ("if my thought-dreams could be seen. They'd probably put my head in a guillotine" Dylan)
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To: Clintonfatigued

GOP filibuster? As the girls at the White Elephant club in Danang used to say, “Nevvuh hoppen, GI!”


4 posted on 10/30/2009 3:14:04 PM PDT by clintonh8r (My country. Not my government.)
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To: Clintonfatigued
Where does Obama find all these America hating radicals?
5 posted on 10/30/2009 3:21:17 PM PDT by RJL
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To: RJL

The local DNC Office...


6 posted on 10/30/2009 3:29:59 PM PDT by The Magical Mischief Tour
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To: RJL

The ACLU.


7 posted on 10/30/2009 3:33:18 PM PDT by Bahbah (Only dead fish go with the flow)
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To: Clintonfatigued

Thanks. I emailed my Senator. I use the singular because the smarmy Bill Nelson (Rat - FL) is a Dusty Reid flunky and an email to him is a waste of bandwidth.


8 posted on 10/30/2009 3:40:22 PM PDT by Jacquerie (Democrats soil Institutions.)
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To: Jacquerie

I emailed mine too. Not that they are listening...


9 posted on 10/30/2009 4:08:10 PM PDT by Freddd (CNN is not credible.)
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To: Clintonfatigued

Last time I checked, the Dems had 60 votes — a filibuster proof majority. Better luck next time — if there IS a next time.


10 posted on 10/30/2009 4:16:14 PM PDT by patriot preacher (To be a good American Citizen and a Christian IS NOT a contradiction. (www.mygration.blogspot.com))
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To: Clintonfatigued

You have to be kidding. Does anyone think the DimTards will allow anyone to stand in their way? You seven pubbies in the Gang of 14 that cost us GWBs middle level bench, remember your rotten actions when the DimTards roll you. I can’t wait to see you crying on the boob tube.


11 posted on 10/30/2009 4:18:33 PM PDT by Nuc1 (NUC1 Sub pusher SSN 668 (Liberals Aren't Patriots))
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To: Clintonfatigued
"David Hamilton has ruled that praying to Allah does not violate the Establishment of Religion clause in the First Amendment, but praying in Jesus Christ’s name does."

Neato. Zero's first Sharia Law federal appointee ?

12 posted on 10/30/2009 4:19:36 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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To: Clintonfatigued

I’m not so sure Judge Hamilton is as radical *for the stated reasons*, as he seems to be. But there are other reasons. Some of his other decisions:

“Hamilton held that the First Amendment did not prevent the city of Indianapolis from requiring parental consent for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit.”

“In 2006, the Seventh Circuit upheld Hamilton’s decision to sentence a child pornographer to one hundred years in prison.”

However, he ruled that all released sex offenders could not be compelled to provide personal information about their future computer use from their home, to include email address and screen names, based on the right to privacy in their own home.

His ruling was that the Indiana legislature could not have *sectarian* prayer was overturned only because the SCOTUS had decided later that federal judges had no authority over State legislature procedures. He cited “Jesus”, because that was the reference made by the State legislature. Had they cited “God”, it would have been acceptable.

I couldn’t find any reference to any decision he made involving Allah.

And finally his ruling about against abortion notification was the requirement that such notification had to be done “in person” by a doctor, nurse, or other professional. Not the notification requirement itself. The objection was of a law requiring “persons” to perform acts of a professional nature. He may have had a point. Doctors do not like to be ordered how to do their job.

No mention was made that for a year after leaving school, he worked as a fundraiser for ACORN, and had been a member of the board of the Indiana State ACLU.

When president Clinton nominated him to the District Court, the ABA declared him “not qualified”, because his experience was political, not legal.

Interestingly, he is also the brother-in-law of Dawn Johnsen at the Justice Department, and the nephew of former congressman Lee Hamilton.


13 posted on 10/30/2009 5:01:53 PM PDT by yefragetuwrabrumuy
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To: RJL

His house.


14 posted on 10/31/2009 9:28:52 PM PDT by Z in Washington
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