Obama Expected To Announce First Appeals Court Nominee This Week

Main Category: Litigation / Medical Malpractice
Also Included In: Public Health
Article Date: 18 Mar 2009 - 2:00 PDT

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David Hamilton, an Indiana federal trial court judge, is expected to be President Obama's nominee for a seat on the U.S. Court of Appeals for the Seventh Circuit in Chicago, the New York Times reports. Obama is expected to announce the nomination in the next few days and name several other selections in the coming weeks, according to White House officials. There are 17 vacancies on the nation's 12 regional appeals courts, which are one level below the Supreme Court. Most of the judges currently on the appeals court were appointed by Republicans, the Times reports. According to the Times, Obama's nominations "will be closely watched to see what role he tries to play in shaping the ideology of the federal courts, which have influence over some of the nation's most intensely felt social issues."

An administration official, who spoke on the condition of anonymity, said the White House is aiming to reduce the partisan confirmation battles of recent years, adding, "We would like to put the history of the confirmation wars behind us." The administration official said that the decision to select Hamilton as the administration's first judicial nominee is designed to serve "as a kind of signal" about the type of judges Obama will choose. The Times reports that Hamilton was appointed to the bench in 1994 by former President Clinton, and, "as a trial judge largely bound to the rulings of higher courts, he has had few opportunities to demonstrate any ideological leanings." However, he did strike down two actions from conservatives in the Indiana Legislature, including a 2005 ruling that the Legislature was prohibited from opening its sessions with Christian prayers. According to the Times, some lawyers say that Hamilton represents some of Indiana's "traditionally moderate strain." Hamilton served as counsel to Sen. Evan Bayh (D-Ind.) when Bayh was governor of Indiana, and a senior administration official said that both Bayh and Indiana's other senator, Sen. Richard Lugar (R), are expected to support his confirmation (Lewis, New York Times, 3/17).

Confirmation Hearings

According to CongressDaily, Senate Judiciary Committee Chair Patrick Leahy is hoping to receive Obama's "first batch of judicial nominees" before Congress takes its spring recess in April. CongressDaily reports that confirmations of nominees "are likely to be difficult" after 41 Senate Republicans signed a letter threatening a filibuster if they did not agree with Obama's selections. The letter called the process a "shared constitutional responsibility" and urged Obama to nominate three of former President George W. Bush's failed nominees: Peter Keisler, Glen Conrad and Paul Diamond (Congress Daily, 3/16).

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