Obama's First Judicial Pick is No Moderate

President Obama has nominated U.S. District Court Judge David Hamilton for the vacancy in the Seventh Circuit. The media immediately lauded the pick as "moderate." They must have been reading that off of JournoList, because he is no moderate.

He was a fundraiser for ACORN and vice president for litigation at the Indiana ACLU, where he also was a board member, before becoming a judge. There's the time (a mere seven years) he held up an abortion waiting period and was firmly rapped by the Circuit he is nominated to join:

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 [i.e., Hamilton]) 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.

And then there's the time he ruled that Indiana legislators could not begin their sessions with an "overtly Christian" prayer. This is part of an ongoing Lefty assault on the idea that standing requires more than a speculative injury. He was, again, overruled by the Seventh Circuit (PDF) because the people in whose name the American Civil Liberties Union had brought the suit lacked standing. They couldn't show that they had been injured by the praying.

Other infamous rulings now coming to light include a recent decision that police use of drug-sniffing dogs outside of a residence without a warrant is a Fourth Amendment violation. He declared unconstitutional (under the U.S. constitution) an Indiana constitutional amendment requiring the registration of convicted sex offenders.

This is not a moderate judge. If he joins the Seventh Circuit we can expect more of the same radical rulings on constitutional issues like standing, abortion, and Christianity he made as a district court judge.

By the way: For you guys who blog or send tips our way, I found that top link up there through Twitter. It's becoming quite a resource.

Posted by: Gabriel Malor at 08:42 AM

Comments

1 Elections matter.

Posted by: Harry Callahan at March 18, 2009 08:48 AM (fagDq)

2 Maybe he'll be an English-style traditionalist and want to order some lace wigs.

Posted by: libertarianjim at March 18, 2009 08:51 AM (1Iiqg)

This is just a warm-up. Wait until it's time to replace Ginsburg.

The best way to void the Constitution is to just ignore it. Call it a living document that means whatever you want it to mean to advance your little anti-American agenda.

Posted by: BackwardsBoy at March 18, 2009 08:51 AM (ZGhSv)

4 No problem, the Republicans will filibuster the nominee for certain...

(sobs...)

Posted by: In Exile at March 18, 2009 08:54 AM (Lm+g2)

5 . He declared unconstitutional (under the U.S. constitution) an Indiana constitutional amendment requiring the registration of convicted sex offenders.

Great, a judge that wants child rapists in your backyard!
Yay! Maybe McCain, Specter, and Hatch can have lunch with him after their punk asses vote for him. At least the dems know how to be an opposition party. Can Ted Nugent (aka someone with testicles) start a fukin political party already?

Posted by: liontooth at March 18, 2009 09:01 AM (rEPj1)

6 Anything or anyone associated with ACORN is tainted. That includes this guy, and the upcoming census.

Posted by: stace at March 18, 2009 09:02 AM (g/wgk)

7 This pick is awesome!!! Nobody complained when Bush the war criminal nominated Alito who held on the 3rd Circuit that a women must notify her husband before she receives an abortion.

Posted by: legal scholar at March 18, 2009 09:03 AM (ujGeH)

8 This administration would never lie to us about such a matter, would they? If they say he's a moderate, they must mean he's like those "Moderate" Arabs who blow buildings and people up (man-made catastrophes), right? That's moderate too, or am I mistaken? That's like the "Moderate ACORN workers who will fairly count the people in our country to accurately reflect the numbers of Democrats and Republicans, right? That's like the "Moderates" in their party who would NEVER take away gun rights, (except for pilots and DC residents), correct. Don't get me started!

Posted by: dfbaskwill at March 18, 2009 09:05 AM (4L5Tl)

JournoList assemble!!!!

Ok now we must defeat this evil smear. So all articles describing this nominee must include the word moderate before his name and all criticism of him described as right-wing or conservative. Ok everyone did you get your orders?

Posted by: Mr. Pink at March 18, 2009 09:08 AM (NM1Nu)

10 Bush the war criminal

It's morning chuckles time at the Ace of Spades theatre. Letting child rapists run free is so in the league of beheading a 8 month old fetus. Maybe someone should have given Pelosi a clue and impeached Bush. She only had like 2 years to do it while she was the speaker and the dems controlled both houses.

Posted by: liontooth at March 18, 2009 09:08 AM (rEPj1)

11 No problem, the Republicans will filibuster the nominee for certain...

If by filibuster you mean 'bend over and be repeatedly sodomized by the democrats and say "thank you sir, can I have another?" ', then yeah, I can see that happening.

Posted by: liontooth at March 18, 2009 09:11 AM (rEPj1)

12 JournoList assemble!!!!

Instant classic!

This needs to become an AoSHQ catch phrase, to be used whenever appropriate. You know, like "We sure dodged a bullet with that Palin chick."

Any time there's a story about the media circling the wagons to protect or promote The One . . . JournoList assemble!

Posted by: tsj017 at March 18, 2009 09:12 AM (TBwnU)

13 Posted by: legal scholar at March 18, 2009 09:03 AM (ujGeH)

It's so hard to know whether it's leftard or parody any more...

Posted by: nickless at March 18, 2009 09:17 AM (MMC8r)

14 Speaking of Twitter, how about a follow back? (my twitter name is a little different, but it should be obvious)

Posted by: Harry Callahan at March 18, 2009 09:18 AM (fagDq)

15 more cow bell.

Posted by: ford at March 18, 2009 09:19 AM (Ki7fm)

16 Posted by: Harry Callahan at March 18, 2009 08:48 AM (fagDq)

For some unknown reason, that hash makes me giggle. Especially if you pronounce the last two. hehehe

Posted by: liontooth at March 18, 2009 09:27 AM (rEPj1)

17 Gabriel Malor loves to Twitter.

Honestly, the jokes write themselves.

Post related...is there anyone named David Hamilton who isn't a fucktard?

Posted by: Rocks at March 18, 2009 09:28 AM (Q1lie)

18 Speaking of Twitter, how about a follow back?

Is that the Twiiter equivalent of a reach around?
This thread should have been marked Mature Audiences Only.

Posted by: Rocks at March 18, 2009 09:33 AM (Q1lie)

19 is there anyone named David Hamilton who isn't a fucktard?

Go check out the picture of him on HotAir's front page. He has a goofy smile and looks like John Edwards which means he must like d,,k....

Posted by: liontooth at March 18, 2009 09:40 AM (rEPj1)

20 Is that the Twiiter equivalent of a reach around?

Where's Treacher when you really need him?

Posted by: liontooth at March 18, 2009 09:42 AM (rEPj1)

21 What this jug-eared stuttering retard is doing to my country makes me want to cry. I won't, but I want to.

Posted by: the real joe at March 18, 2009 09:46 AM (TMoF9)

22 Alito who held on the 3rd Circuit that a women must notify her husband before she receives an abortion.

He held that a wife has to at least tell her husband before terminating their child? What a monster!

Posted by: DoDoGuRu at March 18, 2009 10:13 AM (xBkZj)

23 He cries as he watches French soldiers leaving Toulon for Africa, perhaps to fight another day. The glory of France has been ground underfoot by Hitler's goose-stepping legions. In a matter of weeks, the vaunted French army, the Maginot Line, and all of France's pride has been destroyed by the Nazi blitzkreig. He is a middle-aged man, maybe in his mid Forties. Look at his tears, his tie, his nice suit. He survived World War One and looks like he has since prospered. And now? The night has fallen over France, and soon, all of Europe.

He cries for the Twentieth Century.

Posted by: Curmudgeon at March 18, 2009 10:13 AM (ujg0T)

Hey man, McCain would have nominated the same type of guys, man. Blah blah, I'm voting for third party, man. All that matters to me is the border, man, even though the fence doesn't work, man. Juan McCain, man.

Posted by: SalvucciFumbles at March 18, 2009 11:06 AM (Jpmne)

Other infamous rulings now coming to light include a recent decision that police use of drug-sniffing dogs outside of a residence without a warrant is a Fourth Amendment violation.

That sounds like a fourth amendment violation to me. Can't get a warrent? Just mosey on over with a canine and walk up to the door. Or I guess they could just walk the dog through the neighborhood stopping on everyone's porch to let the dog take a whiff. Nothing wrong with that if you don't mind living in a police state (which we pretty much are).

Posted by: Big E at March 18, 2009 12:54 PM (CBGRs)

26 Mark the tape: Confirmed with plenty of GOP support. Plenty defined as: Enough to get approved.

Posted by: Pelvis at March 18, 2009 01:00 PM (LlaBi)

27 Big E,

The Fourth Amendment protects against unreasonable searches. What is unreasonable is determined by where you have an expectation of privacy. You do not have an expectation of privacy on your front porch.

For example, try having sex on your front porch (by yourself or with somebody, your choice) -- assuming you don't live in a remote area -- and see whether you can be arrested for indecent exposure.

Posted by: Nom de Blog at March 18, 2009 03:34 PM (szcvf)

Nom- bad example.

Posted by: Pelvis at March 18, 2009 04:24 PM (LlaBi)

29 dDid he make his selections from the 9TH CIRCUT COURT?

Posted by: Spurwing Plover at March 18, 2009 09:38 PM (vZwMx)

30 The propaganda media grades people on a curve, just like the schools are mandated to do. Their curve arches way to the left.

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