Sessions To Attempt Filibuster Of Appeals Court Nominee Hamilton; Vote Likely To Proceed

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Article Date: 18 Nov 2009 - 5:00 PDT

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Sen. Jeff Sessions (R-Ala.), ranking member on the Senate Judiciary Committee, will try to block the confirmation vote on Tuesday on Judge David Hamilton's nomination to the U.S. Court of Appeals for the 7th Circuit, Politico reports.

Sessions is unlikely to succeed with a filibuster because at least one Republican -- Hamilton's home-state senator, Richard Lugar (Ind.) -- supports his nomination. Senate Majority Leader Harry Reid (D-Nev.) needs to secure 60 votes to block a filibuster attempt. The move is an about-face for Sessions, who opposed Democratic filibusters of judicial nominees when President George W. Bush was in office. Sessions, however, implied Hamilton is not "committed to the law" (Sherman, Politico, 11/16). He added, "I think the rules have changed" (Savage, "The Caucus," New York Times, 11/16).

Hamilton has served for 15 years as a federal district court judge in Indiana. In addition to Lugar's support, the conservative Federalist Society has backed his nomination, NPR's "Morning Edition" reports (Totenberg, "Morning Edition," NPR, 11/17). Some of his rulings have drawn the ire of conservatives, who label him an activist judge. Hamilton ruled unconstitutional a provision in the Indiana informed-consent law that would have required women to attend in-person counseling before abortion procedures (Women's Health Policy Report, 11/16).

The delay over Hamilton's confirmation comes as President Obama is attracting criticism for nominating federal judges at a much slower pace than his predecessor. By this time in Bush's presidency, he had nominated 64 federal judges and won confirmation for 18. Obama has nominated 26 and won confirmation for just six. "The numbers assume an even greater disparity when you realize that Obama has a hefty Senate majority of Democrats, while Bush actually faced a Democratic-controlled Senate in 2001," according to "Morning Edition." Liberal critics of Obama have urged him to move more quickly on the nominees and select more liberal judges. The White House, however, notes that unlike Bush, Obama faced a time-consuming Supreme Court nomination early in his administration. White House aides also say they expect Obama's confirmation numbers to be similar to Bush's by the end of the year ("Morning Edition," NPR, 11/17).

New York Times, Washington Post Criticize Republican Delays

A New York Times editorial says that Republican senators are "unreasonably opposing good nominees who are well within the mainstream," including Hamilton. According to the editorial, "After eight years of flawed Bush nominations," the Obama administration "should work hard to fill every judicial vacancy with the best possible judges -- and it should act as quickly as possible" (New York Times, 11/17).

A Washington Post editorial also criticizes the GOP's delay tactics, noting that "the prospect of a filibuster is made all the more ridiculous" by the fact that Hamilton has bipartisan support, the backing of the Federalist Society and a "well-qualified" rating from the American Bar Association. "We hope that Republicans in large numbers heed Mr. Lugar's words of praise for Judge Hamilton's record, intellect and character and allow a vote -- and then vote in favor of confirmation," the editorial adds (Washington Post, 11/17).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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