WASHINGTON — President Barack Obama on Tuesday nominated an Indiana judge to serve on a Midwestern federal appeals court, his first act in reshaping the federal judiciary and preparing for a possible Supreme Court opening.
The White House chose U.S. District Judge David Hamilton of Indiana for the Chicago-based 7th U.S. Circuit Court of Appeals, contending Hamilton was a mainstream jurist who could overcome the bitter Senate confirmation fights of the past several years.
Since most cases do not reach the Supreme Court, the 12 geographically based federal appellate circuits often provide the last word on a variety of issues affecting Americans. Their decisions cover, among other issues, civil rights and liberties, capital punishment, abortion, gay rights, corporate wrongdoing, review of federal regulations, and treatment of detainees in terrorism cases.
Three of the appeals courts can gain a majority of Democratic-appointed judges if Obama’s nominees are confirmed for existing vacancies.
The importance of Obama’s choices increased last week when Justice Ruth Bader Ginsburg told law students there could be an opening on the Supreme Court soon. Ginsburg, who has cancer, didn’t hint at who might be leaving. White House officials said they were preparing now for any future opening.
The White House acted before Hamilton’s nomination to make sure that his home- state Republican senator, Dick Lugar, was on board. Lugar’s office confirmed that he supports the nomination.
Conservative Republican Sens. John Cornyn of Texas and Orrin Hatch of Utah said they haven’t formed an opinion yet on Hamilton, while another GOP conservative, Sen. Jeff Sessions of Alabama, said he was troubled by Hamilton’s ruling against a sectarian prayer to open the Indiana House of Representatives.
That ruling was in 2005, when Hamilton banned the practice of opening the chamber’s business with prayers mentioning Jesus Christ or using terms such as “savior.” He said that amounted to state endorsement of a religion. The circuit court where he would serve, if confirmed, overturned the ruling.
