David Hamilton (judge)
Encyclopedia
David Frank Hamilton is a United States federal judge
, currently serving on the United States Court of Appeals for the Seventh Circuit
. He previously was the Chief Judge of the United States District Court for the Southern District of Indiana
. On March 17, 2009, President Barack 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. He was confirmed to the Seventh Circuit on November 19, 2009 in a 59-to-39 vote.
, Hamilton (a nephew of former U.S. Rep. Lee H. Hamilton
) grew up in southern Indiana and earned a bachelor's degree from Haverford College
in 1979, followed by a J.D.
from Yale Law School
in 1983. He also performed graduate work as a Fulbright Scholar at the University of Tübingen in Germany
.
Hamilton worked from 1983 until 1984 as a law clerk for Judge Richard Dickson Cudahy
of the United States Court of Appeals for the Seventh Circuit
. He then entered private practice in Indianapolis
until 1989 as an associate at the law firm of Barnes & Thornburg
. He served as legal counsel to Indiana Governor Evan Bayh
from 1989 until 1991. Hamilton returned to Barnes & Thornburg
in Indianapolis, working as a partner from 1991 until becoming a federal judge in 1994.
In addition, Hamilton is a member of the Indiana Civil Liberties Union, and served as their Vice President for Litigation.
nominated Hamilton to be a judge on the United States District Court for the Southern District of Indiana
. The United States Senate
confirmed Hamilton in a voice vote on October 7, 1994, and he received his commission on October 11, 1994.
A number of cases decided by Hamilton have drawn media attention. In American Amusement Mach. Ass'n v. Cottey, 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 November 2005, Hamilton drew headlines for ruling that because "the Establishment Clause was intended in large part to protect religious minorities from religious majorities who might try to harness the power and prestige of the government to advance their sincere religious beliefs", the Indiana state legislature is not permitted to begin its sessions with Christian prayer
s imploring conversion to Christianity or representing Christianity as the only true faith. He held that invocations that use names like Jesus Christ or Christian terms like savior are sectarian, but that names for God in other languages are permissible unless there is evidence that those words are used in order to advance or disparage a particular religion. Hamilton concluded 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." The ruling was overturned by the Seventh Circuit on the grounds that the taxpayers lacked standing.
In 2006, the Seventh Circuit upheld Hamilton's decision to sentence a child pornographer
to one hundred years in prison.
In 2008, Hamilton became the chief judge of the Southern District of Indiana.
On March 17, 2009, President Barack Obama
announced his intention to nominate Hamilton to a vacancy on the United States Court of Appeals for the Seventh Circuit
that was created by the September 2008 transition to senior status
by Judge Kenneth F. Ripple
. Obama formally nominated Hamilton to the Seventh Circuit later that day.
On June 4, 2009, Hamilton was voted out of the United States Senate Committee on the Judiciary
in a party-line, 12-7 vote.
On November 10, 2009, Senate Majority Leader Harry Reid
filed for cloture
on Hamilton's nomination. On November 17, 2009, the Senate voted 70-29 to end the Republican filibuster
of the nomination. Judge Hamilton was the first Obama judicial nominee subject to a cloture vote. The Senate approved Hamilton's nomination in a 59-39 vote on November 19, 2009.
, whose nomination to serve as assistant attorney general for the Office of Legal Counsel
in the United States Department of Justice
was blocked by the U.S. Congress. His father, Richard "Dick" Hamilton is a retired United Methodist minister who served the North United Methodist Church in Indianapolis for many years.
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United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
, currently serving on the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
. He previously was the Chief Judge of the United States District Court for the Southern District of Indiana
United States District Court for the Southern District of Indiana
The U.S. District Court for the Southern District of Indiana was created in 1928 by an act of Congress that split Indiana into two separate districts, northern and southern. The Southern District is divided into four divisions, Indianapolis, Terre Haute, Evansville and New Albany...
. On March 17, 2009, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
nominated Hamilton to the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
. On June 4, 2009, the Senate Judiciary Committee approved his nomination. He was confirmed to the Seventh Circuit on November 19, 2009 in a 59-to-39 vote.
Early life, education, and career
Born in Bloomington, IndianaBloomington, Indiana
Bloomington is a city in and the county seat of Monroe County in the southern region of the U.S. state of Indiana. The population was 80,405 at the 2010 census....
, Hamilton (a nephew of former U.S. Rep. Lee H. Hamilton
Lee H. Hamilton
Lee Herbert Hamilton is a former member of the United States House of Representatives and currently a member of the U.S. Homeland Security Advisory Council. A member of the Democratic Party, Hamilton represented the 9th congressional district of Indiana from 1965 to 1999...
) grew up in southern Indiana and earned a bachelor's degree from Haverford College
Haverford College
Haverford College is a private, coeducational liberal arts college located in Haverford, Pennsylvania, United States, a suburb of Philadelphia...
in 1979, followed by a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
in 1983. He also performed graduate work as a Fulbright Scholar at the University of Tübingen in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
.
Hamilton worked from 1983 until 1984 as a law clerk for Judge Richard Dickson Cudahy
Richard Dickson Cudahy
Richard Dickson Cudahy is a United States federal judge.Born in Milwaukee, Wisconsin, Cudahy received a B.S. from the United States Military Academy at West Point, New York in 1948, and a J.D. from Yale Law School in 1955. He was a Lieutenant in the United States Army Air Corps from 1948 to 1951....
of the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
. He then entered private practice in Indianapolis
Indianapolis
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
until 1989 as an associate at the law firm of Barnes & Thornburg
Barnes & Thornburg
Barnes & Thornburg LLP is a large U.S. law firm and lobbying group. It is currently the largest law firm in the state of Indiana, and 97th largest in the United States...
. He served as legal counsel to Indiana Governor Evan Bayh
Evan Bayh
Birch Evans "Evan" Bayh III is a lawyer, advisor and former Democratic politician who served as the junior U.S. Senator from Indiana from 1999 to 2011. He earlier served as the 46th Governor of Indiana from 1989 to 1997. Bayh is a current Fox News contributor as of March 14, 2011.Bayh first held...
from 1989 until 1991. Hamilton returned to Barnes & Thornburg
Barnes & Thornburg
Barnes & Thornburg LLP is a large U.S. law firm and lobbying group. It is currently the largest law firm in the state of Indiana, and 97th largest in the United States...
in Indianapolis, working as a partner from 1991 until becoming a federal judge in 1994.
In addition, Hamilton is a member of the Indiana Civil Liberties Union, and served as their Vice President for Litigation.
Federal judicial service
On June 8, 1994, President Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated Hamilton to be a judge on the United States District Court for the Southern District of Indiana
United States District Court for the Southern District of Indiana
The U.S. District Court for the Southern District of Indiana was created in 1928 by an act of Congress that split Indiana into two separate districts, northern and southern. The Southern District is divided into four divisions, Indianapolis, Terre Haute, Evansville and New Albany...
. The United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
confirmed Hamilton in a voice vote on October 7, 1994, and he received his commission on October 11, 1994.
A number of cases decided by Hamilton have drawn media attention. In American Amusement Mach. Ass'n v. Cottey, Hamilton held that the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
did not prevent the city of Indianapolis from requiring parental consent
Parental consent
Parental consent laws in some countries require that one or more parents consent to or be notified before their minor child can legally engage in certain activities....
for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit.
In November 2005, Hamilton drew headlines for ruling that because "the Establishment Clause was intended in large part to protect religious minorities from religious majorities who might try to harness the power and prestige of the government to advance their sincere religious beliefs", the Indiana state legislature is not permitted to begin its sessions with Christian prayer
Christian prayer
Prayer is an important activity in Christianity, and there are several different forms of Christian prayer.Christian prayers are diverse: they can be completely spontaneous, or read entirely from a text, like the Anglican Book of Common Prayer. The most common prayer among Christians is the Lord's...
s imploring conversion to Christianity or representing Christianity as the only true faith. He held that invocations that use names like Jesus Christ or Christian terms like savior are sectarian, but that names for God in other languages are permissible unless there is evidence that those words are used in order to advance or disparage a particular religion. Hamilton concluded that using proselytizing words in invocations at the statehouse violated the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. "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." The ruling was overturned by the Seventh Circuit on the grounds that the taxpayers lacked standing.
In 2006, the Seventh Circuit upheld Hamilton's decision to sentence a child pornographer
Child pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
to one hundred years in prison.
In 2008, Hamilton became the chief judge of the Southern District of Indiana.
On March 17, 2009, President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
announced his intention to nominate Hamilton to a vacancy on the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
that was created by the September 2008 transition to senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
by Judge Kenneth F. Ripple
Kenneth Francis Ripple
Kenneth Francis Ripple is a Senior Circuit Judge on the United States Court of Appeals for the Seventh Circuit. He received an A.B...
. Obama formally nominated Hamilton to the Seventh Circuit later that day.
On June 4, 2009, Hamilton was voted out of the United States Senate Committee on the Judiciary
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
in a party-line, 12-7 vote.
On November 10, 2009, Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
filed for cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
on Hamilton's nomination. On November 17, 2009, the Senate voted 70-29 to end the Republican filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
of the nomination. Judge Hamilton was the first Obama judicial nominee subject to a cloture vote. The Senate approved Hamilton's nomination in a 59-39 vote on November 19, 2009.
Family
Hamilton's brother, John Hamilton, is married to Dawn JohnsenDawn Johnsen
Dawn Elizabeth Johnsen is an American lawyer and professor of Constitutional law, who is currently on the faculty at Maurer School of Law at Indiana University in Bloomington, Indiana...
, whose nomination to serve as assistant attorney general for the Office of Legal Counsel
Office of Legal Counsel
The Office of Legal Counsel is an office in the United States Department of Justice that assists the Attorney General in his function as legal adviser to the President and all executive branch agencies.-History:...
in the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
was blocked by the U.S. Congress. His father, Richard "Dick" Hamilton is a retired United Methodist minister who served the North United Methodist Church in Indianapolis for many years.
External links
- Recent opinions by Chief Judge David F. Hamilton, from the United States District Court, Southern District of Indiana
- David Hamilton at the Alliance for Justice
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