Barack Obama has selected a leftist, David Hamilton, to be his first nominee for the federal bench. Hamilton is Obama’s nominee for a spot on the Seventh CIrcuit Court of Appeals. Appropriately enough, Hamilton reportedly was once a former fund-raiser for the radical activist outfit ACORN, a key Obama ally. He is also a former leader of the Indiana chapter of the ACLU.
Hamilton’s record as a federal district judge confirms his ultra-liberalism. Recently, he invalidated a law requiring the registration of sex offenders. He also prevented enforcement of an Indiana law that required information and a waiting period before an abortion. The Seventh Circuit (the court to which Hamilton now has been nominated) found that the law in question was materially identical to a law upheld by the U.S. Supreme Court in the Casey decision. It noted that no judge in the land, other than Hamilton, has found such a law invalid since Casey was decided. Apparently, Hamilton did not consider himself bound by decisions of the Supreme Court with which he strongly disagreed.
In addition, Ed Whelan points out that Hamilton somehow managed to invoke the doctrine of substantive due process to suppress evidence of a criminal defendant’s possession of cocaine. The Seventh Circuit unanimously reversed that ruling.
Not to worry, though, the New York Times calls Hamilton a “moderate.”