Indianapolis federal judge David Hamilton was the first one out of the gate — President Obama’s first pick to become a federal court of appeals judge. Nearly eight months later, however, Judge Hamilton (Haverford, Yale Law), still hasn’t received an up or down vote from the Senate.
Judge Hamilton’s situation could change today, however. The Senate will vote on a cloture motion to forestall a filibuster on the Hamilton vote. Click here, here, here and here for previous posts on Hamilton.
Some Senate Republicans seem to have some trouble with Hamilton, largely stemming from rulings in which in which Judge Hamilton struck down as unconstitutional sectarian Christian prayers in the Indiana state house but allowed those that referred to Allah. That decision was reversed on procedural grounds by the Seventh Circuit, the court Hamilton aspires to join.
The editorial boards at the WaPo and LAT on Tuesday weigh in on the Hamilton matter, encouraging the Senate to give Hamilton an up-or-down vote. In defending Hamilton on his controversial ruling, the WaPo writes:
"Judge Hamilton explained in his written opinion that the ruling did not “prohibit the House from opening its session with prayers if it chooses to do so, but will require that any official prayers be inclusive and non-sectarian, and not advance one particular religion.”
http://blogs.wsj.com/law/2009/11/17/whats-to-become-of-david-hamilton-senate-could-decide-tuesday/http://www.washingtonpost.com/wp-dyn/content/article/2009/11/16/AR2009111603258.html