President Obama on Tuesday officially announced his nomination of U.S. District Court Judge David Hamilton of Indiana to the U.S. Court of Appeals for the Chicago-based Seventh Circuit, marking his initial step in "reshaping the federal judiciary and preparing for a possible Supreme Court opening," the AP/Google reports. According to the AP/Google, White House officials branded Hamilton as a "mainstream jurist" who could move beyond "the bitter Senate confirmation fights of the past several years" (AP/Google, 3/17). They also said the choice was representative of Obama's "intention to pick judicial moderates with diverse resumes and a record of what he considers good judgment and 'empathy' for the people involved in cases before the court," according to the Washington Post. The Post reports that Hamilton's nomination also was "held out ... as a prototype for the nominees Obama will seek as he reshapes the federal appeals courts -- and by extension, the laws governing contentious social issues such as abortion and affirmative action" (Washington Post, 3/18). There are 15 vacancies to be filled within the nation's 12 geographically based federal appellate courts. The courts provide the last word on the large volume of cases that never reach the Supreme Court and cover "a variety of issues affecting Americans," including abortion, the AP/Google reports. Three of these appeals courts could gain a majority of Democrat-appointed judges if Obama's nominees are confirmed, according to the AP/Google (AP/Google, 3/17).

The White House released a statement from Sen. Dick Lugar (R-Ind.) saying that he would support Hamilton during the Senate confirmation process. Although White House officials said the support of Hamilton's Republican home-state senator signaled bipartisanship, "the ideological battle over court nominees was already raging anew in the hours after Hamilton's nomination," according to the Post (Washington Post, 3/18). The AP/Google reports that Hamilton in 2003 struck down part of an Indiana abortion law that would have required women scheduled to have an abortion to undergo counseling with a physician or nurse at least 18 hours before the procedure. The Seventh Circuit Court of appeals later reversed the ruling. Sen. Jeff Sessions (R-Ala.) said the nomination also is troubling because of Hamilton's ruling in 2005 against a sectarian prayer to open the Indiana House. However, Lugar's support of Hamilton would make a Republican filibuster difficult, as Democrats only need the support of two Republican senators to stop the tactic (AP/Google, 3/17).

Daniel Conkle, an Indiana University law professor, said Hamilton's nomination was "a noncontroversial appointment that, I suspect, will be supported by both Republicans and Democrats" (Washington Post, 3/18). The American Bar Association -- which the Bush administration did not consult about judicial nominations -- gave Hamilton a "well qualified" rating (AP/Google, 3/17). The Post reports that liberal advocacy groups also welcomed Hamilton's nomination. People for the American Way President Kathryn Kolbert said that Hamilton in his career has "demonstrated a willingness to put principle ahead of politics and bring an open mind to every case." However, the Judicial Confirmation Network, a group that supports conservative judiciary appointments, called Hamilton an "ultra liberal" and said Obama was disguising the judge as a moderate (Washington Post, 3/18).


According to White House spokesperson Robert Gibbs, Obama plans to look for nominees with "the ability to empathize and walk in someone's shoes" (AP/Google, 3/17). It is also widely expected that Obama will fill a seat on the Supreme Court, as the oldest judge is 89 years old and three others are older than age 70, the Post reports. As the administration moves forward with additional judicial nominees, White House officials said that they would assess the support of Senate Republicans as an attempt to "put the confirmation wars behind us." Obama has not responded to a letter from 41 Republican senators requesting that he re-nominate some of former President George W. Bush's choices who went unconfirmed last year (Washington Post, 3/18).

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