Confirmation Of Hamilton To Appeals Court Signals Hope For Ending Nomination Battles, Opinion Piece Says

Main Category: Litigation / Medical Malpractice
Article Date: 03 Dec 2009 - 3:00 PDT

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Confirmation of Hamilton to Appeals Court Signals Hope for Ending Nomination Battles, Opinion Piece Says
Although the "machinations" surrounding the confirmation of U.S. Appeals Court Judge David Hamilton -- including a GOP filibuster attempt -- "might seem to continue the long-standing confirmation wars, the developments could actually help end these perennial battles," Carl Tobias, a professor at the University of Richmond School of Law, writes in a Baltimore Sun opinion piece.

Tobias writes that with 98 federal court vacancies to fill, President Obama "made use of good practices to swiftly nominate" Hamilton, who "had compiled an excellent 15-year District Court record" and earned the support of the American Bar Association and the conservative Federalist Society. Obama also worked to secure the support of Hamilton's home-state senators -- Indiana Democrat Evan Bayh and Republican Richard Lugar -- before announcing the nomination. Despite his record and bipartisan support, Hamilton was attacked as a controversial nominee by Sen. Jeff Sessions (R-Ala.), who attempted a filibuster. Ten Republicans joined the Democratic caucus in defeating the filibuster effort.

According to Tobias, "Despite the Sturm und Drang, the Hamilton confirmation offers hope for ending the confirmation wars." He writes, "Obama must redouble his substantial efforts to consult with GOP and Democratic senators prior to actual nominations," adding, "Democrats should ensure comprehensive floor debates, principally as substitutes for filibusters." Tobias also recommends that Republicans "be receptive to consultation by offering frank advice on candidates, even suggesting prospects whom they deem superior, and to thorough floor debates by eschewing filibusters and agreeing to votes." He concludes, "Republicans and Democrats should seize this opportunity to cooperate and fill the 98 vacancies, so that the federal courts might have the full complement of jurists needed to adequately deliver justice" (Tobias, Baltimore Sun, 11/30).

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