Research Briefing

Meet Obama’s Latest Judicial Nominee, Just Another Liberal Judge

TODAY, DEMS PLAN TO MOVE FORWARD ON HAMILTON

Reid Plans To Move Forward With Approving Hamilton Today. “Senate Majority Leader Harry Reid (D-Nev.) plans to move forward with approving Hamilton Tuesday.” (Jake Sherman, “Jeff Sessions To Try To Filibuster Obama Judicial Nominee,” Politico, 11/16/09)

HAMILTON BELIEVES IN “WRITING FOOTNOTES TO THE CONSTITUTION”

In A 2003 Speech, Hamilton Said Judges Should Write “Footnotes To The Constitution.” “In a letter penned Nov. 3 to his GOP colleagues, Republican Sen. Jeff Sessions of Alabama blasted Hamilton for using his position to ‘drive a political agenda.’ Hamilton stated in a 2003 speech that the role of a judge includes ‘writing footnotes to the Constitution’ and believes ‘empathy’ should influence a judge's decision making, Sessions wrote.” (Cristina Corbin, “Obama's First Judicial Nomination Re-Ignites Controversy Ahead Of Vote,” Fox News, 11/06/09)

Hamilton Said The Concept Of Footnotes Isn’t New, Just Working Out The Details Of How The Constitution Applies To New Situations. “In defense of his 2003 remarks on ‘footnotes’ to the U.S. constitution, Hamilton told the Senate Judiciary Committee in April that ‘the concept of the footnote implies what we're trying to do is not something new, but work out the details of how those principles [in the Constitution] apply to new situations.’ He cited the racial desegregation of schools in the 1960s to drive home his point.” (Cristina Corbin, “Obama's First Judicial Nomination Re-Ignites Controversy Ahead Of Vote,” Fox News, 11/06/09)

HAMILTON RULED AGAINST COUNSELING WOMEN BEFORE ABORTIONS; OVERTURNED

Hamilton Ruled It Unconstitutional To Require Women To Undergo Counseling As Part Of Informed Consent For Abortions; The Ruling Was Reversed. “In the abortion case, A Woman’s Choice-East Side Women’s Clinic vs. Newman, the judge found unconstitutional a portion of Indiana law requiring women to undergo in-person counseling as part of an informed consent provision. Mr. Hamilton’s ruling was later reversed on appeal, when the Seventh Circuit determined that the law was not unconstitutionally burdensome.” (Kate Phillips, “Conservatives Oppose Judicial Nominee,” The New York Times’ “The Caucus” Blog, 11/12/09)

• The Law Hamilton Struck Down Would Have Compelled Abortion Clinics To Inform Women About Alternatives Before Receiving An Abortion. “Hamilton also ruled in 2003 to strike down part of an Indiana law compelling abortion clinics to provide women with information about alternatives to abortion -- a decision that was later overturned.” (Cristina Corbin, “Obama's First Judicial Nomination Re-Ignites Controversy Ahead Of Vote,” Fox News, 11/06/09)

HAMILTON RULED LEGISLATURE COULDN’T OPEN WITH A PRAYER; OVERTURNED

In 2005, Hamilton Ruled That The Indiana State Legislature Could Not Open Their Sessions With Christian Prayers; The Ruling Was Later Dismissed. “Since that time, Hamilton has received attention for a handful of controversial rulings in the state, including a 2005 decision to prohibit the Indiana state Legislature from beginning its sessions with Christian prayers. The ruling was later dismissed by a panel of the 7th Circuit after an appeal, which found that the individuals named in the suit had no case because they were not harmed by the prayers.” (Cristina Corbin, “Obama's First Judicial Nomination Re-Ignites Controversy Ahead Of Vote,” Fox News, 11/06/09)

• Hamilton Said Prayers Advancing Only Christianity Violated The Establishment Clause Of The First Amendment. “In the religion case, Judge Hamilton said that prayers advancing only the Christian religion violated the Establishment Clause of the First Amendment, prompting conservatives to label him the ‘anti-Jesus Judge,’ and to promote the idea that the judge would instead allow prayers to ‘Allah.’” (Kate Phillips, “Conservatives Oppose Judicial Nominee,” The New York Times’ “The Caucus” Blog, 11/12/09)

HAMILTON PROTECTED SEX OFFENDERS ON THE INTERNET

Hamilton Struck Down A Law That Required Sex Offenders To Submit To Internet Monitoring By Law Enforcement. “Last year, Hamilton struck down an Indiana law that required sex offenders to submit to routine and warrantless law enforcement monitoring of their Internet activity. Hamilton said it violated the U.S. Constitution. ‘The prospect of searches 'at any time' without a search warrant, without probable cause, and without even reasonable suspicion of wrongdoing, would dramatically impair the privacy these plaintiffs have the right to enjoy in their own homes under the Fourth Amendment,’ he wrote.” (Margaret Talev and Marisa Taylor, “Obama Judicial Pick Will Test Pledge To End Confirmation Wars,” McClatchy, 3/17/09)

• The Law Hamilton Struck Down Would Have Given Law Enforcement Access To E-Mail Addresses And Screen Names. “In 2008, Hamilton ruled to strike down a law requiring sex offenders to release detailed, personal information, including e-mail addresses and Internet screen names, and to submit to routine search warrants.” (Cristina Corbin, “Obama's First Judicial Nomination Re-Ignites Controversy Ahead Of Vote,” Fox News, 11/06/09)

HAMILTON USED TO WORK FOR THE ACLU

Prior To Becoming A Judge, Hamilton Worked For The ACLU. “They noted he had worked for the American Civil Liberties Union before becoming a judge in 1994.” (David G. Savage, “For Obama Judicial Nominees, Confirmation Is Slow Process,” The Los Angeles Times, 11/16/09)