"Hamilton served in leadership with the ACLU and as a fundraiser for ACORN. . .
"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 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.
“For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court in Karlin, and by the fifth circuit in Barnes. No court anywhere in the country (other than one district judge in Indiana) has held any similar law invalid in the years since Casey. Although Salerno does not foreclose all pre-enforcement challenges to abortion laws, it is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate. What happened in Mississippi and Utah does not imply that the effects in Indiana are bound to be unconstitutional, so Indiana (like Pennsylvania and Wisconsin) is entitled to put its law into effect and have that law judged by its own consequences.”
Call your U.S. Senators and urge them to vote NO on the confirmation of David Hamilton. Click on the link below for their contact information.
Here is a sample email that you can use as you email your Senators. This wording was suggested by Liberty Council. You can chose, as I did, to also send faxes to your Senators as well as some or all the members of the judiciary committee. Or you can email your senators at the email address given in the link above.
I urge you to vote against the confirmation of David Hamilton to the 7th Circuit.
Hamilton’s views are far outside the legal mainstream. In 2005, he ruled that prayers to Jesus were sectarian and unconstitutional while stating that prayers to "Allah" were acceptable. In addition, Hamilton is also ardently pro-abortion. This former ACLU attorney blocked an informed consent abortion law in Indiana that is nearly identical to a law approved by the Supreme Court. In fact, the 7th Circuit called Hamilton’s obstruction of the informed consent law "an abuse of discretion."
Hamilton should not be confirmed. The President cannot be allowed to politicize our courts with partisan, ideological appointments.