Posted on 11/10/2009 5:48:58 PM PST by Kaslin
Federal Bench: Yet another judicial nominee seeks to impose the "empathy" standard on the courts. He thinks judges should base rulings on a plaintiff's status, legislate from the bench and amend the Constitution.
Indiana federal judge David Hamilton stands poised to be confirmed by the U.S. Senate to assume a seat on the 7th Circuit Court of Appeals serving Illinois, Indiana and Wisconsin. He's a former fundraiser for Acorn and a former leader of the Indiana chapter of the American Civil Liberties Union.
He is also another in a series of activist judges who believe the U.S. Constitution is not etched in stone but made of clay, ready to be molded into anything they want. He shares the beliefs of Supreme Court Justice Sonia Sotomayor and Edward Chen, nominee for the Northern District of California, that laws can be made from the bench and that empathy, not original intent, should be a judge's guide.
"Part of our job here as judges is to write a series of footnotes to the Constitution," Hamilton says. "We all do that every year in cases large and small."
And that's precisely the problem. The law should be applied equally and evenly irrespective of who the plaintiffs or defendants might be. Otherwise, equal protection under the law goes out the window.
(Excerpt) Read more at investors.com ...
As a layman, even I know that a judge is supposed to judge using the law as guide. They swear to uphold the Constitution. They are to rule on the law as written, not make up their own.
The left doesn’t care about the constitution
It’s not that they don’t *care* about it, they hate it.
Eric Erickson (RedState) said back in April that this group was instrumental in getting Hamilton's confirmation delayed at that time. Now StopHamilton folks are pushing to get the nomination KILLED for good.
I just gave them 30 bucks to fax the Senators. Apparently Congressional rules require faxes to be logged and counted, whereas calls are often ignored (I must have been hung up on 200 times on Saturday calling the blue dogs.)
He hasn’t been confirmed yet.
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