A top Republican is threatening to block the confirmation of President Obama's first nominee to the federal bench.
Senator Jim Inhofe (R-Oklahoma) is vowing to filibuster District Court Judge David Hamilton of Indiana, President Obama's appointment for the Seventh U.S. Circuit Court of Appeals. Obama and Democrats have been touting Hamilton as a moderate pick, but many conservative legal observers are not buying that claim. Hamilton, says Inhofe, is an "extremist." "Anyone who went door to door to raise money for ACORN is pretty extreme," he says, referencing the Association of Community Organizations for Reform Now, for which Obama once worked as a legal representative. "[Hamilton also] was very active in the ACLU. Actually, the Bar Association did not think very much of him back when he was nominated for the district court. They gave him a rating as 'not qualified' -- that's in quotes: 'not qualified.'" Inhofe takes special umbrage with a 2005 decision in which Hamilton ruled that the daily invocation of the Indiana House was an unconstitutional sectarian prayer, but said praying in the name of Allah in the same venue was presumptively non-sectarian. "All I can say is if a guy says you can't use Jesus and you can use Allah, then I think that is justification for filibustering it. So I announced I was going to do it, and I'm going to do it." Inhofe says although he was highly critical of President Bush frequently during his eight years in office, his greatest contribution and legacy will be his appointment of Justices Samuel Alito and John Roberts. According to Inhofe, President Obama's legacy could be the same thing -- except the other extreme. Others taking issue with Hamilton's nomination include Ed Whelan, president of the Ethics and Public Policy Center; Curt Levey of the Committee for Justice; and Liberty Counsel's Mat Staver.
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