The nomination of Judge David Hamilton by President Obama to the 7th Circuit Court of Appeals should concern all Americans. His nomination raises several issues that should run up the red flag for any American who loves his country and believes in constitutional government.
The first problem with Hamilton is that when he was appointed in 1994 by then-President Clinton, the American Bar Association rated him as unqualified.
Judge Hamilton used to be a fund-raiser for ACORN, an acronym and an organization that have become synonymous with voter fraud.
Judge Hamilton served on the board of the ACLU, a group which was founded by self-proclaimed communist Roger Baldwin, who stated, “I will turn the United States into a worker state using civil rights as the vehicle.” Baldwin also stated he “would stand with Russia against the world.” Hamilton also served as the ACLU's litigation director.
Judge Hamilton ruled that starting the sessions of the Indiana Legislature with prayer was unconstitutional. This despite the fact that it had been an ongoing tradition for 188 years. And it had been going on since day one in the U.S. Congress and never raised constitutional issues with any of the founders.
In addition, he ruled that prayers offered in the name of Jesus, Jesus Christ, the Savior, and/or the Son were unconstitutional. He had no problem, though, with prayers being offered in the name of Allah.
He held up an Indiana law that required abortion providers to inform clients of alternatives to abortion for seven years. He was overturned by the 7th Circuit to which he has been nominated.
It has become increasingly clear that the progressives in America are using the courts to advance an agenda they obviously are unable to advance through the legislative process - the only process authorized by the Constitution. Progressives filibustered ABA-qualified judges nominated by former President Bush because they didn't fit their agenda - an agenda that is increasingly distancing and alienating our laws and our society from the vision that our Founding Fathers had. This conduct by the progressives in the Senate left many seats in the federal courts vacant. Now, President Obama and his army of progressives will seek to fill those seats with progressives like themselves, whether or not they are qualified.
This nomination is not only about our Constitution, but about our future as a free nation. It is about whether we are going to be at liberty, with the freedoms and liberties promised in our Constitution, or whether we will be a nation governed by a judicial oligarchy, which is where we are now headed.
One reason this is so dangerous is that we now have justices on the U.S. Supreme Court who are willing to subject our Constitution to foreign jurisprudence. A case in point is the Lawrence decision in 2003, in which Justice Anthony Kennedy cited a British court ruling and two rulings by the European Commission on Human Rights to overturn “Bowers,” a previous U.S. Supreme Court ruling.
In addition, Justice Ruth Bader Ginsburg doesn't see a problem with consulting foreign judges on American issues. This despite the fact they are sworn to “uphold and defend the Constitution against all enemies, foreign and domestic.” Our senators and congressmen take the same oath - an oath they have consistently been violating for decades.
Judge Hamilton's rulings from the federal bench have demonstrated that he personally has singled out Christianity as something to be scorned and driven from the public square. His rulings, some of which have been overturned by the 7th Circuit to which he has been nominated, clearly demonstrate he is not only not qualified for the 7th Circuit, he is not qualified for the federal bench on which he sits.
I encourage everyone to contact Sens. Richard Lugar and Evan Bayh and urge them to vote against Judge David Hamilton's confirmation.
We must return our Constitution to its previous stature, or our freedoms and liberties will become a thing of the past.
Douglas Wellman is a resident of Fort Wayne.