Senate Sets Hearing Date for President Obama’s First Pro-Abortion Judicial Pick

National   |   Steven Ertelt   |   Mar 27, 2009   |   9:00AM   |   WASHINGTON, DC

Senate Sets Hearing Date for President Obama’s First Pro-Abortion Judicial Pick

by Steven Ertelt Editor
March 27
, 2009

Washington, DC ( — The Senate has set a date for the Judiciary Committee to hold a confirmation hearing on Judge David Hamilton, the abortion advocate President Barack Obama appointed to the 7th Circuit Court of Appeals as his first judicial pick. Leading pro-life groups are expected to launch an effort to defeat the nomination.

The panel will hold a hearing on Wednesday on Hamilton, who an Indiana-based federal judge who drew the ire of pro-life advocates for issuing repeated rulings preventing an informed consent law from going into effect.

Although Republicans have asked for a delay, it is unlikely their request will be met.

Tony Perkins, the president of the Family Research Council, says pro-life advocates should oppose the nomination because "Obama nominated Hamilton with the understanding that he would serve as a mold for all future nominees to the federal bench."

"Far from the non-controversial candidate Obama describes him as, Hamilton has served in leadership with the ACLU," Perkins explains. "Confirming him to the Seventh Circuit Court of Appeals would be a grave setback for the culture of life and all who cherish constitutional restraint."

"We cannot stress the urgency of this nomination enough. Call or email your senators today and ask them to vote ‘no’ on Hamilton," he says.

The informed consent law that Hamilton prevented from going into effect would allow women considering an abortion to receive information abortion centers don’t normally provide about its medical risks and alternatives.

Judge Hamilton’s ruling went against decisions by the Supreme Court and other federal appeals courts and prompted a rebuke from members of the 7th Circuit.

"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.

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.

Hamilton’s nomination will likely be approved, if only because one Republican lawmaker and a Democrat who is considered more moderate are already supporting him.

Nominally pro-life Sen. Dick Lugar says he backs Hamilton and Democrat Evan Bayh, the other Indiana senator for whom Hamilton served as a top staff attorney when Bayh was governor, also backs the nomination.

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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