{{cquote|"He ruled that prayers in [[Jesus]]’ name at the Indiana House of Representatives were unconstitutional, but prayers to Allah were not." }}
{{cquote|"He ruled that prayers in [[Jesus]]’ name at the Indiana House of Representatives were unconstitutional, but prayers to Allah were not." }}
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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. <ref name="Fox">[http://www.foxnews.com/politics/2009/11/05/vote-nears-obamas-judicial-nominee-stirs-controversy/ Obama's First Judicial Nomination Re-Ignites Controversy Ahead of Vote, FoxNews, November 6, 2009]</ref> Alson 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.
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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. <ref name="Fox">
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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."