Senate Confirms Hamilton to Federal Appeals Court

November 20, 2009 — The Senate on Thursday voted 59-39 to confirm U.S. District Court Judge David Hamilton to the Chicago-based U.S. Court of Appeals for the 7th Circuit, the New York Times reports. Hamilton's home-state senator, Richard Lugar (R-Ind.), was the only Republican to vote for his confirmation.

Hamilton was President Obama's first judicial nominee, announced March 19, but Republicans have opposed the nomination (Phillips, New York Times, 11/20). On Tuesday, the Senate voted 70-29 to invoke cloture and end debate on Hamilton's nomination, setting up a confirmation vote.

CQ Today reports that Hamilton's confirmation is significant because it shows that the Senate will be able to confirm Obama's judicial nominees if Senate Majority Leader Harry Reid (D-Nev.) elects to invoke cloture -- as long as the Democratic caucus remains united. The Republican caucus's inability to block Hamilton -- "the most controversial of the pending judicial nominees" -- shows that "it is unlikely that the GOP can hold up any others that Reid might bring to the floor," according to CQ Today (Vadala, CQ Today, 11/19).

Hamilton received strong support from Lugar as well as the backing of the conservative Federalist Society (Women's Health Policy Report, 11/17). However, Senate Republicans, led by Senate Judiciary Committee ranking member Sen. Jeff Sessions (R-Ala.), labeled Hamilton an activist, citing his rulings on abortion and Christian prayer, the AP/Houston Chronicle reports.

With the addition of Hamilton, the 7th Circuit will have seven Republican-nominated judges and four chosen by Democrats (Margasak, AP/Houston Chronicle, 11/19).