President Obama has done well with his first judicial nomination — David Hamilton, a well-respected federal district court judge in Indiana — for the Chicago-based United States Court of Appeals for the Seventh Circuit. After eight years of Bush nominees, many of whom had thin credentials and far-right ideological agendas, the selection of Judge Hamilton is good news indeed. The Senate should confirm him quickly.
Judge Hamilton has a long and distinguished record as a lawyer in private practice and as a jurist. His rulings appear to be guided by an honest belief in applying the law fairly and in providing a fair hearing to victims of injustice. That is no small point these days.
Conservative judges have been on a campaign to close the courthouse door to plaintiffs through the overly aggressive use of a variety of legal doctrines. Among them is “pre-emption,” which holds that federal law sometimes invalidates the state laws under which people often sue. Last year, Judge Hamilton delivered a well-reasoned rejection of a major drug company’s claim that a wrongful-death lawsuit was pre-empted by federal law.
Judge Hamilton has also stood up for little-guy plaintiffs when the law is on their side. Last year, he ruled in favor of an employee of an assisted-living center who claimed that she was fired after she refused to hide documents from state investigators. Although, like most employees, she could normally be fired without cause, Judge Hamilton ruled that her refusal to interfere with a health investigation put her in a protected category.
http://www.nytimes.com/2009/04/15/opinion/15wed3.html?_r=1Senators, confirm this nominee!