President Barack Obama Makes First Pro-Abortion Judicial Pick in David Hamilton

National   |   Steven Ertelt   |   Mar 17, 2009   |   9:00AM   |   WASHINGTON, DC

President Barack Obama Makes First Pro-Abortion Judicial Pick in David Hamilton

by Steven Ertelt Editor
March 17
, 2009

Washington, DC ( — President Barack Obama has nominated his first pro-abortion judicial candidate as he named David Hamilton as his first Appeals Court nominee. Hamilton is a former Clinton nominee whom Obama has appointed to serve on the Seventh Circuit Court of Appeals.

Hamilton was initially appointed by President Clinton to a district judgeship in Indiana in 1994 even though the ABA gave him a “not qualified” rating.

In that position, Hamilton issued a series of rulings over seven years that prevented Indiana from implementing its informed consent law that would give women information about abortion’s risks and alternatives.

In fact, the 7th Circuit Court, which overturned Hamilton’s rulings and to which Obama has appointed him, issued a statement chiding him for holding up the law.

"For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court in Karlin, and by the fifth circuit in Barnes," the appeals judges wrote in their decision.

"No court anywhere in the country (other than one district judge in Indiana [i.e., Hamilton]) has held any similar law invalid in the years since Casey," they added. "[I]t is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate."

Although President Obama claims to want to reduce abortions, his appellate court pick prevented a law from going into effect that has been proven to reduce abortions when put in place in other states.

Apparently, the president believes preventing women from getting information that would help them avoid abortions is a good thing.

“Judge Hamilton has a long and impressive record of service and a history of handing down fair and judicious decisions,” Obama said. “He will be a thoughtful and distinguished addition to the 7th Circuit and I am extremely pleased to put him forward to serve the people of Illinois, Indiana and Wisconsin.”

Prior to becoming a federal judge, Hamilton was the vice president for litigation and a board member of the Indiana branch of the ACLU, a top pro-abortion law firm.

Despite Hamilton’s record, the New York Times is leading the media charge to cover up his pro-abortion decision and headlined its article on Obama’s selection, “Moderate Is Said to Be Pick for Court."

That drew laughs from National Review writer Ed Whelan.

"It’s far from clear what justifies the article’s characterization of Hamilton as a ‘moderate’ (or, as the article oddly puts it, as ‘represent[ing] some of his state’s traditionally moderate strain’ — how does one represent some of a strain?)," Whelan writes.

"With ‘moderates’ like Hamilton, imagine what Obama’s ‘liberal’ nominees will look like," Whelan added.

Hamilton’s pro-abortion record will likely earn him strong opposition from pro-life advocates and his decisions on other matters will draw pro-family groups into the fray as well.

Whether it will be enough to stop his nomination or prompt pro-life senators to issue a filibuster against him is another question.

The Times says the nomination is meant ot send a signal to the public abotu the kind of nominees Obama will put forward. If that is the case, then pro-life advocates can expected hardcore abortion advocates for the Supreme Court and other federal courts.

ACTION: Contact your members of the Senate and express your opposition to Hamilton’s nomination. You can find contact information for any senator at

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