Posted by: reddiva | November 12, 2009

Hey, Email, I Am Glad I Read You…

I get tons of emails every day.  Many of them are like some you get as well.  You know the kind; they say FWD.  Those are usually the ones I delete without opening.   Many of the FWDs that I do open come from my friend who keeps her eyes peeled for things that she thinks I need to write about or things that I did write about and she knows attract my interest.

I got one from her last night that made me sit up and take notice.  I had heard about this, but I didn’t realize the Senate confirmation vote could come this soon.  The subject line said:

Fw: “No to Jesus. Yes to Allah” judge vote imminent!

I didn’t count the other email addresses or how many times it had been forwarded before it finally got to me with a subject line like that.  It originated from Mathew Staver, Founder and Chairman of Liberty Counsel.

David Hamilton is currently the Chief Judge of the United States District Court for the Southern District of Indiana. On March 17, 2009, Obama nominated Hamilton to the United States Court of Appeals for the Seventh Circuit.  On June 4, 2009, the Senate Judiciary Committee approved his nomination along party lines by a 12-7 vote.  On November 10, 2009, Senate Majority Leader Harry Reid (there’s that snake-in-the-grass again) filed for cloture on Hamilton’s nomination, and reached an agreement with Republican leaders to hold a vote on Hamilton’s nomination on November 17, 2009.  The Senate Executive Calendar says this about the cloture vote:


David F. Hamilton (Cal. No. 184)

Ordered, That following disposition of H.R. 3082, the Senate proceed to executive session to consider the nomination of David F. Hamilton, of Indiana, to be United States Circuit Judge for the Seventh Circuit; that prior to the cloture vote there be 60 minutes of debate with the time equally divided and controlled between the Chairman of the Committee on the Judiciary (Mr. Leahy) and the Ranking Member (Mr. Sessions); provided further; that the cloture vote not occur prior to 2:15 p.m. on Tuesday, November 17, 2009.

Ordered further, That relative to the cloture motion filed on the nomination of David F. Hamilton, of Indiana, to be United States Circuit Judge for the Seventh Circuit, the mandatory quorum required under Rule XXII be waived.

Sounds fair to me, how about you?  Of course, it also means there must a reason.  Otherwise, the debate would be allowed to continue and then the Republicans outvoted by the Demorats.  And yes, I left the “c” out intentionally.  And why is it that Reid says they will vote on this appointment even WITHOUT a quorum present? Hmmm…

I wonder if this information could have anything to do with Reid’s decision?

  • In American Amusement Mach. Ass’n v. Cottey, (115 F. Supp. 2d 943 S.D. Ind. 2000) Hamilton held that the First Amendment did not prevent the city of Indianapolis from requiring parental consent for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit.
  • In a November 2005 ruling, Judge Hamilton found that the Indiana state legislature is not permitted to begin its sessions with Christian prayers. In his opinion he wrote that invocations must not use names like Jesus Christ or Christian terms like Savior. He stated that using proselytizing words in invocations at the statehouse violated the United States Constitution.  “All are free to pray as they wish in their own houses of worship or in other settings,” Hamilton wrote. “Those who wish to participate in a practice of official prayer must be willing to stay within constitutional bounds.”

Hamilton clarified his position in the above case in a post-judgment motion by saying that prayers may include all “non-sectarian” references to God.  He wrote that “[t]he Arabic word ‘Allah’ is used for ‘God’ in Arabic translations of Jewish and Christian scriptures” and that “[i]f those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language’s terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others.” He continued: “If and when the prayer practices in the Indiana House of Representatives ever seem to be advancing Islam, an appropriate party can bring the problem to the attention of this or another court.”

In other words, it would be okay for a Muslim Imam to use the word “Allah” which means “God”, a Spanish priest could use the word “Dios” which means “God”, a German Lutheran minister could use the word “Gott” which means “God”, a person offering a prayer in English using the word “Jesus”, which to some Christians means “God”,  is unacceptable because only Christians use the word “Jesus” and it invites proselytizing.  (Language translations from Babelfish)

  • Hamilton boasts a seven-year-long series of rulings obstructing Indiana’s implementation of its law providing for informed consent on abortion.  That obstruction elicited this strong statement from the Seventh Circuit panel majority that overturned Hamilton:

For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court in Karlin, and by the fifth circuit in Barnes. No court anywhere in the country (other than one district judge in Indiana [i.e., Hamilton]) has held any similar law invalid in the years since Casey. Although Salerno does not foreclose all pre-enforcement challenges to abortion laws, it is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate.

Keep in mind that the very Court of Appeals who overturned this and several other Hamilton rulings, the 7th Circuit, is the very Court Obama has appointed Hamilton to serve.

You can see what a travesty of justice it would be if this man should be confirmed.  Your senator and any other senators you can think of need to be faxed with your request that they vote against Hamilton.  Remember, their jobs depend on it.

Liberty Counsel will fax your requests for you for a fee at this site.  There is also a list of fax numbers and sample texts if you prefer to send your own faxes.

Don’t trust Harry Reid to wait until November 17.  Send your faxes this week.



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