Judge Sought to Overrule Parental-Consent Law

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BY THE EDITORS By a vote of 59-39, the Senate Nov. 19 confirmed Judge David Hamilton, who attempted to overrule an Indiana informed-consent law, to the Court of Appeals for the 7th Circuit. According to a report from World Net Daily, Senate Majority Leader Harry Reid, D-Nev., wants to push for a confirmation vote as early as Monday. Charmaine Yost, president of Americans United for Life, said that for seven years, through a series of rulings in A Woman’s Choice v. Newman, 904 F. Supp. 1434 (S.D. Ind. 1995), Hamilton blocked the enforcement of Indiana’s informed-consent law, Public Law 187. Public Law 187 requires that women receive information about risks and alternatives to abortion in the presence of a physician or nurse 18 hours before the procedure. Hamilton said the provision imposed an "undue burden" on women. His ruling was later dismissed by a panel of the 7th Circuit after appeal. Sen. Jeff Sessions, R-Ala., called for a filibuster in April and May. He referred to Hamilton’s remarks in a 2003 speech that a judge’s primary job is to "write footnotes in the Constitution" and said he believes "empathy" should sway a judge’s decisions. "This view evidences an activist judicial philosophy," Sessions warned. "Judges are not given the power to amend the Constitution or write footnotes to it." The senator added that, among other activist decisions, Hamilton denied a rabbi’s plea to have a menorah as part of the Indianapolis Municipal Building holiday display in 1994. The 7th Circuit unanimously reversed the decision. President Obama has praised the selection, saying, "Judge Hamilton has a long and impressive record of service and a history of handing down fair and judicious decisions. He will be a thoughtful and distinguished addition to the 7th Circuit." Yoest said, "Americans United for Life believes that judges should uphold constitutional restrictions on abortion. As a district court judge, Hamilton promoted his radical pro-abortion agenda. His promotion to the 7th Circuit will give him jurisdiction over court cases addressing life issues from Indiana, Illinois and Wisconsin, which is of serious concern to the pro-life community." http://www.ncregister.com/blog/senate_confirms_pro-abortion_judge/