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November 3, 2009

The Importance of an Appellate Judge


Alabama Sen. Jeff Sessions, the ranking Republican on the Judiciary Committee, sent a letter on Friday to his fellow senators outlining his objections to the nomination of David Hamilton of Indiana to the 7th Circuit U.S. Court of Appeals.

One of his objections to Hamilton is that Hamilton believes that an Appellate Judge has the right to amend the Constitution without any approval or amendment from Congress. The judge calls it "writing footnotes to the Constitution," - through evolving case law. A second objection was that Judge Hamilton in many cases has shown an extreme hostility against expressions of religion in the public square. Mr. Sessions noted that Judge Hamilton's odd ruling in Hinrichs v. Bosma "prohibited prayers in the Indiana House of Representatives that expressly mentioned Jesus Christ ... yet he allowed prayers which mentioned Allah."

Third, Mr. Sessions pointed out that "lawyers in the Almanac of the Federal Judiciary describe Judge Hamilton as one of the most lenient judges in his district on criminal matters," including the case of a police officer who videotaped his own sexual encounters with two teenagers. The senator also objects to the judge's extreme actions in blocking an "informed consent" law on abortion.

Senator Sessions listed two more objections but the three listed here could affect every American should Judge Hamilton win appointment to the U. S. Court of Appeals. No man should have the right to alter the Constitution; or tell you who you can pray to; or allow others to abuse their power over someone else.

It’s clear that President Obama approves of Judge Hamilton. This action is a signal of the type of Appellate Judges he wants in power and should be a warning to Senators.
















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