Overruled


First Appeals Court Nominee Named
March 17, 2009, 8:08 am
Filed under: Ian | Tags: ,

I don’t have any personal knowledge of Judge David Hamilton, who will apparently be President Obama’s first judicial nom, but the New York Times describes him as a “moderate” in the vein of Evan Bayh.  It also says that Judge Hamilton’s nomination will serve “as a kind of signal” of Obama’s future nominees, according to an Administration official.

I hope that this doesn’t mean that Obama plans to fill the courts with Evan Bayh conservatives, and that the Administration is signaling something else by nominating Judge Hamilton.

UPDATE: A friend of mine who practices in Indiana pointed me to some of Judge Hamilton’s decisions which suggest that progressives have much less to be worried about than the NYT piece suggests.  One pre-Wyeth case in which he rejected a drug company’s claim of lawsuit immunity is particularly encouraging.  I’m going to review a few of his decisions and will post my conclusions later.

UPDATE II:  Ok, Judge Hamilton’s drug preemption case is pretty damn awesome, and prescient.  In fact it reads like a cheat-sheet for Wyeth v. Levine.  I’m feeling pretty good about this nomination right now.  More later.

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1 Comment so far
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Judge Hamilton is a very respected, fine jurist. He’s an academic who is thorough and deliberate.

Excellent pick.

This comes off the heels of the appointment by Bush of Judge Tinder, another well regarded jurist. Neither pick was overtly ideological.

Comment by Marie Anderson




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