David F. Hamilton

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Hamilton David MD.jpg

Judge David F. Hamilton is nominated by Barack Obama for 7th Circuit Court. He is a former Clinton appointed judge residing in Indiana. His career includes vice president for litigation and a board member of the Indiana ACLU[1] and previously worked as a fundraiser for ACORN.[2] One of Hamilton's rulings in Indiana made national headlines.[3]

"He ruled that prayers in Jesus’ name at the Indiana House of Representatives were unconstitutional, but prayers to Allah were not."

Also, he ruled against placing a menorah in the Indiana Municipal Building's holiday display.[4]

Hamilton stated in a 2003 speech that the role of a judge includes "writing footnotes to the Constitution" and believes "empathy" should influence a judge's decision making.[5] Also in 2003, Hamilton struck down part of an Indiana law compelling abortion clinics to provide women with information about alternatives to abortion—a decision that was later overturned.

In 2008, Hamilton ruled to strike down a law requiring sex offenders to release detailed, personal information, including e-mail addresses and Internet screen names, and to submit to routine search warrants.[5]

Republican Sen. Jeff Sessions of Alabama blasted Hamilton for using his position to "drive a political agenda," and "This is not the type of service that should be rewarded with a promotion....the president should be informed that his nominee is not qualified."

The liberal-leaning American Bar Association has determined that Hamilton is "not qualified" for his position.[6]

Filibuster attempt

Conservatives in the Senate were strongly opposed to the Hamilton nomination. Sen. Jeff Sessions led the filibuster but it failed when all Democrats voted in favor as well as 10 Republicans. The nomination moved forward and Hamilton was confirmed by the Senate.


  1. Judge Hamilton Under Attack CBN News, March 18, 2009
  2. ACORN's Federal Judge The American Spectator, March 17, 2009
  3. Obama’s 7th Circuit Nominee: “Allah” Yes, “Jesus” No Creeping Sharia
  4. Democrats End GOP Filibuster Against Controversial Court Nominee, FoxNews, November 17, 2009
  5. 5.0 5.1 Obama's First Judicial Nomination Re-Ignites Controversy Ahead of Vote, FoxNews, November 6, 2009
  6. Oppose David Hamilton, SBA.org

External links