Posted by Jonathan Adler:
Hurrying Hamilton?
http://volokh.com/archives/archive_2009_03_29-2009_04_04.shtml#1238640858
Today the Senate Judiciary Committee held its first hearing on an
Obama judicial nominee, [1]David Hamilton, albeit not in the usual
hearing room and without the standard webcast or many Republican
Senators. Most committee Republicans refused to attend on the grounds
that they were not given enough time to review Hamilton's record.
Hamilton has been a federal district court judge in Indiana for nearly
fifteen years. President Obama nominated Hamilton to the U.S. Court of
Appeals for the Seventh Circuit fifteen days ago -- limiting
Republican Senators' ability to review his record. The BLT [2]reports:
Sen. Arlen Specter (R-Pa.), the committee�s top Republican, said
his staff received a background questionnaire from David Hamilton,
nominee for the U.S. Court of Appeals for the 7th Circuit, on March
18. Specter said the timing of the hearing kept his staff from
fully examining Hamilton�s record, including 1,150 written opinions
taking up 9,500 pages from Hamilton�s 15 years as a judge for the
Southern District of Indiana.
�The Constitution, as we all know, calls on the Senate to confirm.
And indispensable to the confirmation process is an opportunity to
examine the record of the individual. And that means a hearing, and
that means questions and answers, and that means an opportunity to
prepare,� Specter said.
The AP [3]reports that Hamilton is a potentially controversial
nominee:
Hamilton, a U.S. district judge from Indiana, has issued a number
of controversial rulings in more than 1,100 opinions and nearly 15
years on the bench. He struck down the use of sectarian prayer to
open the Indiana legislature and also ruled against a state law
that required a woman seeking abortion services to receive
counseling from her doctor. The counseling was required at least 18
hours before the procedure.
Both decisions were reversed by the Chicago-based 7th U.S. Circuit
Court of Appeals, where Hamilton would serve if confirmed. The
circuit hears appeals from lower courts in Wisconsin, Indiana and
Illinois.
More from [4]CQ's Legal Beat and [5]Ed Whelan.
As I've argued before, I believe that the Senate should be fairly
deferential to a President's judicial nominees, and ensure that all
receive a prompt up-or-down vote on the floor of the Senate. Senators
should have ample opportunity to review a nominee's record, but this
should not be an excuse for undue delay. In this case, it seems to me
Senator Leahy is rushing things along, imposing a tighter schedule
than he would have tolerated when Republicans were in charge. Yet even
with additional time, I doubt Senate Republicans will uncover anything
that would justify opposing his confirmation. Even if Senator Leahy
gives the Republicans more time, I expect he'll still be confirmed
before the summer.
References
1. http://www.fjc.gov/servlet/tGetInfo?jid=957
2.
http://legaltimes.typepad.com/blt/2009/04/obamas-first-circuit-nominee-gets-quick-hearing.html
3.
http://www.washingtonpost.com/wp-dyn/content/article/2009/04/01/AR2009040103418.html
4.
http://blogs.cqpolitics.com/legal_beat/2009/04/leahy-strikes-a-partisan-pose.html
5.
http://bench.nationalreview.com/post/?q=YjQwZmRhNTBmMjUwZDE3MzQ1NWVhMjYwMDg1MjJmOTA=
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