Judiciary Committee Republicans Critical Of Obama Judicial, Justice Dept. Nominees

Many Republicans on the Senate Judiciary Committee on Wednesday boycotted a hearing for U.S. District Court Judge David Hamilton of Indiana, President Obama's nominee for the U.S. Court of Appeals for the Chicago-based Seventh Circuit, the AP/Miami Herald reports. According to the AP/Herald, although the committee will not vote on the nomination for several weeks, the hearing "signaled a rocky beginning to Obama's attempt to remake the federal judiciary." Republicans said they were not given adequate time to prepare for the hearing. According to the AP/Herald, Hamilton during his 15 years as a judge has issued some "controversial" rulings, including striking down a state law that required women seeking abortion services to undergo counseling with a physician. The decision later was reversed by the Seventh Circuit Court, where Hamilton would serve if confirmed. With most Republicans absent from Wednesday's hearing, Democrats on the judiciary committee were able to "pitch softballs" in their questioning of Hamilton, the AP/Herald reports. Hamilton said his decision on the abortion law was consistent with other court rulings, adding that the "federal judiciary is not a place for anyone to exercise their personal opinions" (Margasak, AP/Miami Herald, 4/1).

Republicans Weigh Filibuster To Hold Up Nominees

Facing a Democratic majority, Senate Republicans continue to consider using a filibuster to delay the confirmation of some Obama nominees, including Hamilton and Indiana University law professor Dawn Johnsen, whom Obama selected to head the Office of Legal Counsel at the Department of Justice, the New York Times reports. Although many Republicans have expressed concern over Hamilton's nomination, they have been "more severe" in their criticism of Johnsen, the Times reports. Some conservative commentators have expressed concern about a brief Johnsen filed 20 years ago while working as a lawyer with NARAL Pro-Choice America. In a footnote in the brief, Johnsen wrote that compelling a woman to bear a child when she had no desire to do so was "disturbingly suggestive of involuntary servitude." The critics claimed that Johnsen had equated pregnancy with slavery, an argument which some Republicans used during her committee hearing in February. Sen. Arlen Specter (R-Pa.) during that hearing suggested Johnsen had meant abortion rights should be protected under the 13th Amendment, which abolished slavery. Johnsen replied that the footnote had mentioned the amendment as an analogy and that she had never "believed the 13th Amendment had any role" in abortion issues.

Some Republican senators and aides, who spoke on condition of anonymity, said that before deciding whether to start a filibuster over Johnsen's nomination, they will assess if they have enough support from conservative Democrats to defeat any motions to cut off debate. Currently, Democrats control 56 Senate seats and independents, who often support Democrats, control two. Sixty votes are needed to end debate. According to the Times, the current debate over Obama's nominations is "widely viewed as spring training for confirmation battles to come," including if vacancies arise on the Supreme Court (Lewis, New York Times, 4/1).


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