Tulsa World: Court nomination filibuster broken

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Court nomination filibuster broken
The Senate action may herald a break in a logjam.

By LARRY MARGASAK Associated Press
Published: 11/18/2009 2:25 AM
Last Modified: 11/18/2009 5:21 AM

WASHINGTON — Democrats crushed a Senate filibuster against an appeals court nominee Tuesday, signaling that Republicans are unlikely to stop President Barack Obama from turning the federal judiciary to the left.

The 70-29 vote limited debate over the qualifications of U.S. District Judge David Hamilton of Indiana, and assured his elevation to the Chicago-based appeals court. Sixty votes were needed to end the filibuster, but confirmation requires only a simple majority of the 100-member Senate.

Ten Republicans repudiated their party leaders and voted to limit debate. The Obama administration made a crucial decision from the outset by getting the support of Hamilton's home-state Republican senator, Richard Lugar.

The Republican senators who voted to limit debate were Lugar; Lamar Alexander of Tennessee; Saxby Chambliss of Georgia; Susan Collins and Olympia Snowe of Maine; John Cornyn of Texas; Judd Gregg of New Hampshire; Orrin Hatch of Utah; Lisa Murkowski of Alaska and John Thune of South Dakota.

Sen. Kay Bailey Hutchison, R-Texas, did not vote.

The vote indicated that Republicans, with only 40 senators, are too outnumbered to prevent Obama from making major inroads into a judiciary that was populated over eight years with conservative judges chosen by President George W. Bush.

Hamilton's confirmation by itself will not have a large political effect. The 7th Circuit appellate court, which serves Illinois, Indiana and Wisconsin, has seven judges nominated by Republican presidents — and with Hamilton's confirmation, four chosen by a Democrat.

Republicans have objected to a vote on Hamilton's confirmation since June, when the Judiciary Committee reported his nomination favorably to the full Senate.

Conservative Republican senators and their judicial-watching outside groups launched a major political assault on Hamilton.

They criticized his rulings against Christian prayers in the Indiana legislature and against a menorah in the Indiana Municipal Building's holiday display.

Conservatives were furious that Hamilton struck down part of an Indiana law requiring women to make two trips to a clinic for counseling before they could get an abortion. He said the requirement placed an undue burden on a woman's constitutional right to choose to end a pregnancy.

Beyond the political message, the filibuster effectively ended a bipartisan accord reached in 2005, when 14 senators signed onto a deal that effectively stopped Democratic filibusters of Bush's judicial nominees except in extraordinary circumstances.

Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee, said the Republican opposition was "more of the partisan, narrow, ideological tactics that Senate Republicans have been engaging in for decades as they try to pack the courts with ultraconservative judges."

The Senate confirmed 326 of Bush's court nominees. There are 876 court seats, mostly for the regionally based courts of appeals and lower district courts.

Sen. Jeff Sessions, R-Ala., who led the opposition to Hamilton, said Hamilton's record met his definition of extraordinary circumstances.

He not only attacked Hamilton's judicial record, but criticized his past work: vice president for litigation and board member of the American Civil Liberties Union in Indiana; and a fundraiser for two months for the Association of Community Organizatons for Reform Now.

Both liberal groups are anathema to conservatives. By LARRY MARGASAK Associated Press

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	Report Comment Elusive, the burbs (11/18/2009 3:34:01 AM) Olympia Snow and Orrin Hatch could easily pass for a Democrat.
	Report Comment Ignatz, A nice place where Democrats hold every office in the County. (11/18/2009 7:24:23 AM) Ha ha...Orrin Hatch a demo. That's hilarious.Wish there was some way to eliminate all the anti-American "moles" Cheney/Bush planted in the judiciary. These characters will be robbing us of rights for years on behalf of their corporate/right wing masters.
	Report Comment true2form, Grand Lake (11/18/2009 9:46:59 AM) Game. Set. Match.
	Report Comment zzx375, BA (11/18/2009 9:51:40 AM) "These characters will be robbing us of rights for years on behalf of their corporate/right wing masters" Which rights?
	Report Comment FUTURE WORLD, Tulsa (11/18/2009 6:20:19 PM) I do know that Orrin hatch is the most respected member on the Judiciary committee. Whether Democratic or Republican no one can cast doubt upon his prudence or integrity. I I guess some people believe you should vote for judicial confirmations based upon party alliance. But in doing so, how does that further the interest of a fair and impartial judiciary? Why should Sen's Snowe and Hatch be expected to vote in deferrance to the party line when it comes to judges. Sounds like more hypocritical thinking to me.

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