Senate confirms judge who overturned informed consent law to Seventh Circuit Court of Appeals
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President Obama / Judge David Hamilton

Washington D.C., Nov 21, 2009 / 06:03 pm (CNA).- The U.S. Senate voted 59-39 to confirm the appointment of U.S. District Judge David Hamilton to the Chicago-based Seventh U.S. Circuit Court of Appeals. The judge has ruled against Indiana’s informed consent law and has also ordered the cessation of “sectarian prayers” in the Indiana House of Representatives.

Sen. Richard Lugar of Indiana was the only Republican to vote for the confirmation of Judge Hamilton, who is also from Indiana. According to Reuters, Sen. Lugar said the judge was ‘superbly qualified.”

The Democrat-controlled Senate lifted a Republican procedural roadblock against Judge Hamilton, who was President Obama’s first judicial nominee in 2009.

Federal judges serve for life and have great power in their court decisions. Appeals courts establish binding precedent within their jurisdictions.

As a district judge, Hamilton ruled against the Indiana informed consent law which required abortionists to inform women about the risks of abortion. The Indiana law was identical to a Pennsylvania statute upheld by the Supreme Court.

Judge Hamilton claimed the law imposed an “undue burden” on a woman’s ability to obtain an abortion.

However, the Seventh Circuit Court of Appeals he will now join reversed Judge Hamilton’s decision on appeal and strongly criticized his ruling as an “abuse of discretion.”

Some critics of Hamilton have objected to his 2005 order to the Speaker of the Indiana House to stop the delivery of “sectarian prayers” at the opening of the legislation. The judge ordered that the prayers “should refrain from using Christ’s name or title.”

Judge Hamilton is the seventh of the president’s 27 district and federal appeals court nominees to be confirmed.

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Subscriber comments:
Published by: Ned
Omaha/NE/USA 11/23/2009 10:59 AM EST
This shouldn't surprise anyone. Obama had one of most radical, pro-abortion records in the history of the country. Despite his centrists tone during the campgain anyone who really analyzed the candidates knew this was coming. It is only going to get worse. I pray every day for the health of Justices Scalia, Roberts, Alito, and Thomas. God help us if Obama gets another Supreme Court appointment. I hope all off those "Catholics" who voted for Obama are happy.
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Published by: robert matzinger
tayloir/michigan/usa 11/22/2009 07:10 PM EST
We live in a time when most of our "elected" representatives believe that any woman should be able to "demand" an abortion without talking to anyone else about it - that they can simple demand one when they choose and if they decide they cannot pay for it, then the taxpayer should! If we cannot at least require women to at least consult with an adviser before they decide to have an abortion - what we may be able to do is at the ballot box! As Catholics, let us make sure our voice is heard and we will "not" vote for an abortionist! And encourage our friends not to do so!
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Published by: DLL
scituate Mass 11/21/2009 11:15 PM EST
An agenda based government and president proves that it is the democrats and not George Bush,who was the main problem in the past administration and this current one. The last administration was grid locked by the democrats so that almost nothing could ever be accomplished. The current administration has the democratic majority,so that anything goes with a democratic majority that can totally act without discretion. The republican party is rendered null and void. Total power is the issue for a single party system where the other party is rendered powerless. The country has no conscience in this one party that is a all powerful,system of governing. The 2 party system is supposed to prevent partisan politics. Informed consent is a basic medical issue no matter what the issue. Abortion is the condoned action of the democratic party so that is the issue, abortion is the agenda. Agenda based decisions can make basic medical ethics specifically vague. Medical ethics is is now designed to be politically specific. Amazing!
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Published by: Bob
Queens, NY 11/21/2009 08:17 PM EST
... and are we really so surprised that Mr. Obama should have nominated someone like Judge Hamilton or that the Democratic-controlled Senate should have approved of his placement on the bench? There is a recourse, of course, but it will have to wait for the mid-term elections if not until 2012, by which time only God knows what damage the Obama-Reid-Pelosi team will have brought about. God save the Republic!
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Published by: Francis
Wareham MA 11/21/2009 06:10 PM EST
It is not surprising that the biggest leftist, liberal heathen President in American history would nominate a leftist, liberal heathen judge to the 7th circuit court of appeals. If you are a "traditional" Catholic and a paleoconservative like I am, then it is only going to get worse here in America. Our Lady of Mount Carmel pray for us!
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