Obama’s First Judicial Nominee Confirmed (5 Months Later)

Judge David. F. Hamilton was confirmed Thursday [1]in the Senate to the Seventh Circuit Court of Appeals 59-39, after breaking a conservative filibuster Tuesday and persevering through a painstakingly delayed process. Senate Judiciary Chairman Leahy (D-Vt.) made the following statement [2]:

“This is a nomination that should be confirmed and should have been confirmed months ago. David Hamilton is a fine judge and will make a good addition to the United States Court of Appeals for the Seventh Circuit."

Judge Hamilton had the support of both his home state Senators [3]– Senator Lugar, the longest-serving Republican in the Senate, and Senator Bayh, a well-respected moderate Democrat. He was rated “well qualified” by the American Bar Association, and his nomination cleared the Senate Judiciary Committee in June. But despite all this, conservatives had since prevented a final vote, arguing Hamilton was too liberal.

Judge Hamilton is Obama’s seventh nominee to lower federal courts to secure confirmation, though Obama he has sent 27 nominees to the Senate so far. By the end of their first terms [4], 28 of Bush’s nominees had been confirmed, 27 of Clinton’s nominees had been confirmed, and 42 of Reagan’s nominees had been confirmed.

Sen. Cardin (D-Md.) pointed out [4]: "The president has been more deliberative in sending forward nominations." But, he acknowledged, "we would be well ahead of schedule ... if the Senate would have confirmed those approved" on the committee level.

The Senate conservatives have been doing their best to obstruct Obama’s judicial nominees, and it is taking a toll on American justice. The protracted pace of judicial confirmations is outrageous. These delays interfere with Senate proceedings, the administration of justice, and faith in Obama’s judicial nomination capacities.

President Obama has been quite prudent in his judicial nominations, taking care to reach across the aisle to work with Republican Senators and find well-qualified and bipartisan nominees. After eight years of partisan Bush nominations, the Obama administration should push to fill every judicial vacancy with the best possible judges, before the 2010 elections. We should not be deterred, and hope that conservative senators will stop saturating the Senate with filibusters and start making the progress Americans so desperately need.