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The left enjoys referring to the GOP as the ‘party of no.’ Senate Majority Leader Harry Reid has press releases whining about the GOP holding up nominations or confirmations of President Obama. David Hamilton was confirmed for the Seventh Circuit Court of Appeals by the US Senate in a 70-29-1 vote. The ‘not voting’ member is a Republican. Ten of the 70 voting ‘aye’ for confirmation are Republicans. The occasional support for the GOP from Senator Lieberman was not available this time as he voted to confirm. Read the rest of this post and the links to consider the implications of this event. Do the math. Had the 11 members of the GOP voting ‘aye’ or not voting opposed the nomination what would the outcome have been?

One question is presented in advance. Are the Republicans who voted to confirm David Hamilton RINOs?

An article from NRO in March of 2009 discusses ACLU Hamilton as a nominee for the US Court of Appeals, Seventh Circuit. Follow the link to gain some insight on the nominee who was confirmed this week.

Seventh Circuit Candidate David Hamilton—An ACLU “Moderate”! [Ed Whelan]

In an article headlined “Moderate Is Said to Be Pick for Court,” the New York Times reports that President Obama’s first nominee to a federal appellate court seat is expected to be David F. Hamilton. Hamilton, appointed by President Clinton to a district judgeship in Indiana in 1994 (despite the ABA’s “not qualified” rating), is expected to be named to the Seventh Circuit.

An excerpt from Senator Leahy on the Hamilton nomination for the Seventh Circuit.

“I believe our confirmation decisions should not be based on partisan considerations, much less on how we hope or predict a given judicial nominee will ‘vote’ on particular issues of public moment or controversy. I have instead tried to evaluate judicial candidates on whether they have the requisite intellect, experience, character and temperament that Americans deserve from their judges, and also on whether they indeed appreciate the vital, and yet vitally limited, role of the Federal judiciary faithfully to interpret and apply our laws, rather than seeking to impose their own policy views.”

Senator Lugar believes Judge Hamilton “is superbly qualified under both sets of criteria.” So do I. Judge Hamilton is a well-respected Federal judge not known for partisanship or an ideological agenda. In light of his superb record, broad support, and unanimous “well qualified” rating from the American Bar Association, it is no wonder Judge Hamilton’s nomination for this important appellate seat has the support of both home state Senators. He should be confirmed with a strong bipartisan majority.

Interesting comments from Leahy considering every judicial nomination is partisan in nature. It would be good if this were not the case but it is. And Leahy’s characterization that this nominee has been selected based on his qualifications is absurd. (Of course, that is merely this blog’s opinion)

The following is the result of Roll Call Vote 349 (In the YEAs group and the Not Voting Group, Republicans voting in support of the nomination are in bold type.)

YEAs

Alexander (R-TN) Baucus (D-MT) Bayh (D-IN) Begich (D-AK)
Bennet (D-CO) Bingaman (D-NM) Boxer (D-CA) Brown (D-OH)
Burris (D-IL) Byrd (D-WV) Cantwell (D-WA) Cardin (D-MD)
Carper (D-DE) Casey (D-PA) Chambliss (R-GA) Collins (R-ME)
Conrad (D-ND) Cornyn (R-TX) Dodd (D-CT) Dorgan (D-ND)
Durbin (D-IL) Feingold (D-WI) Feinstein (D-CA) Franken (D-MN)
Gillibrand (D-NY) Gregg (R-NH) Hagan (D-NC) Harkin (D-IA)
Hatch (R-UT) Inouye (D-HI) Johnson (D-SD) Kaufman (D-DE)
Kerry (D-MA) Kirk (D-MA) Klobuchar (D-MN) Kohl (D-WI)
Landrieu (D-LA) Lautenberg (D-NJ) Leahy (D-VT) Levin (D-MI)
Lieberman (ID-CT) Lincoln (D-AR) Lugar (R-IN) McCaskill (D-MO)
Menendez (D-NJ) Merkley (D-OR) Mikulski (D-MD) Murkowski (R-AK)
Murray (D-WA) Nelson (D-FL) Nelson (D-NE) Pryor (D-AR)
Reed (D-RI) Reid (D-NV) Rockefeller (D-WV) Sanders (I-VT)
Schumer (D-NY) Shaheen (D-NH) Snowe (R-ME) Specter (D-PA)
Stabenow (D-MI) Tester (D-MT) Thune (R-SD) Udall (D-CO)
Udall (D-NM) Warner (D-VA) Webb (D-VA) Whitehouse (D-RI)
Wyden (D-OR)

NAYs

Barrasso(R-WY) Bennett (R-UT) Bond (R-MO) Brownback (R-KS)
Bunning (R-KY) Burr (R-NC) Coburn (R-OK) Cochran (R-MS)
Corker (R-TN) Crapo (R-ID) DeMint (R-SC) Ensign (R-NV)
Enzi (R-WY) Graham (R-SC) Grassley (R-IA) Inhofe (R-OK)
Isakson (R-GA) Johanns (R-NE) Kyl (R-AZ) LeMieux (R-FL)
McCain (R-AZ) McConnell (R-KY) Risch (R-ID) Roberts (R-KS)
Sessions (R-AL) Shelby (R-AL) Vitter (R-LA) Voinovich (R-OH)
Wicker (R-MS)

Not Voting - 1

Hutchison (R-TX)


David Frank Hamilton was first elevated to the status of judge by virtue of a Clinton nomination in 1994. (record from Thomas LOC, below)

Nomination: PN1469-103
Date Received: June 08, 1994 (103rd Congress)
Nominee: David F. Hamilton, of Indiana, to be United States District Judge for the Southern District of Indiana vice S. Hugh Dillin, retired.
Referred to: Senate Judiciary
Reported by: Senate Judiciary

Legislative Actions

Floor Action: June 08, 1994 - Received in the Senate and referred to the Committee on Judiciary.
Committee Action: September 21, 1994 - Committee on Judiciary. Hearings held.
Committee Action: September 28, 1994 - Committee on Judiciary. Ordered to be reported favorably.
Floor Action: September 28, 1994 - Reported by Mr. Biden, Committee on the Judiciary, without printed report.
Floor Action: September 28, 1994 - Placed on Senate Executive Calendar. Calendar No. 1289.
Floor Action: October 07, 1994 - Confirmed by the Senate by Voice Vote.

Organization: The Judiciary

Control Number: 103PN0146900

Final note: Do the GOP members voting to confirm Hamilton or not voting demonstrate conservative principles?

Stanford Matthews
MoreWhat.com

Senate approves ACORN/abortion radical judge David Hamilton (Michelle Malkin) 

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