Coalition of Pro-Life Groups Urges Senate to Oppose Pro-Abortion David Hamilton
by Steven Ertelt
April 28, 2009
Washington, DC (LifeNews.com) — A coalition of pro-life groups sent a letter to members of the Senate today urging them to oppose the nomination of Judge David Hamilton to the 7th Circuit Court of Appeals. Hamilton is President Barack Obama’s first judicial nominee and he has handed down a decision blocking a key pro-life law.
The Senate Judiciary Committee will hold a hearing on Wednesday on his nomination.
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.
The letter, signed by leaders with Concerned Women for America, Family Research Council, Liberty Counsel and Focus on the Family Action, cites the decision as a reason to oppose Hamilton.
"Hamilton issued a series of rulings over seven years that prevented the state of Indiana from enforcing its informed-consent law requiring abortionists to inform women about the risks of the abortion procedure," the group say.
"The law was identical to the Pennsylvania statute that the United States Supreme Court upheld in Planned Parenthood of Southeastern Pennsylvania v. Casey. Judge Hamilton, however, seems to have little concern for the law or precedent, and in a classic case of judicial activism, struck down the law, claiming it imposed an ‘undue burden’ on a womans ability to obtain an abortion," they add.
The leading pro-life advocates said "his stubborn and dangerous ruling was reversed on appeal to the Seventh Circuit, where the court strongly criticized his decision, calling it an ‘abuse of discretion.’"
Before becoming a district court judge, the pro-life groups note he served as a board member of the Indiana chapter of the pro-abortion American Civil Liberties Union (ACLU).
Citing the not qualified rating, the pro-life advocates said "Judge Hamilton has done nothing to change that."
"Disregarding Supreme Court precedent when it comes to abortion … not be rewarded with a promotion," they write in the letter.
They conclude: "No Senator in good conscience should vote for this nominee. Judge Hamilton has shown himself to be an activist judge who is all too willing to disregard the law in order to advance ideology. To prevent such a judge from ever being confirmed is the very purpose of the ‘advice and consent’ process."
Representatives of the American Family Association and Liberty Alliance Action also signed the letter.
ACTION: Contact your members of the Senate and express your opposition to Hamilton’s nomination. You can find contact information for any senator at https://www.senate.gov/general/contact_information/senators_cfm.cfm
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