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GOP Senators Delay Vote on Hamilton, Citing ?Troubling Rulings?

By Ashby Jones

If the current mini-controversy mounting over David Hamilton — President Obama’s first court of appeals nomination — is a sign of things to come, it could be a long and bruising ride for his eventual Supreme Court nominee.

Here’s the deal: at the request of Republicans, the Senate Judiciary Committee postponed a vote planned on Thursday on the confirmation of Hamilton (Haverford, Yale Law), the chief judge of the Southern District of Indiana and Obama’s pick to fill a vacancy on the Seventh Circuit. Click here for the story, from the Indianapolis Star.

Sen. Jeff Sessions, the ranking Republican on the Judiciary Committee, said Republicans need more time to review Hamilton’s federal district court record, which Sessions said includes a “number of troubling rulings.”

Sessions specifically mentioned Hamilton’s 2005 ruling that prayers said at the start of Indiana state House sessions must not mention Jesus Christ or advance any religion. “There are some legitimate concerns,” Sessions said. “This a complex area of the law, I’ll admit, but it’s time for the federal court to get their heads straight on proper separation of church and state issues.”

The Seventh Circuit reversed Hamilton’s decision last year on standing grounds, saying the group of Indiana taxpayers who had challenged the practice had not proved they were directly affected by the House prayers.

Hamilton testified at his confirmation hearing that standards on the issue of standing changed between the time he determined the taxpayers could challenge the law and the time the appeals court said they could not.

“I certainly hope the decision is not interpreted at all as limiting anyone’s free exercise of religion nor as favoring any one religion over the other,” he said in April.

Republicans boycotted that hearing, saying it was held too quickly after the president nominated Hamilton.

Full post as published by Law Blog - WSJ.com on May 22, 2009 (boomark / email).