Senate Proceeding 11-17-09 on Nov 17th, 2009 :: 3:29:15 to 3:40:15
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3:29:15 to 3:40:15( Edit History Discussion )
Speech By: Chuck Grassley

3:29:22 to 3:29:43( Edit History Discussion )

Chuck Grassley: quorum call: sphoo mr. grassley: mr. president? the presiding officer: the senator from iowa. mr. grassley: i ask the calling the presiding officer: without objection. mr. grassley: mr. president, i oppose the nomination of judge david hamilton to circuit appeals court judge. i have serious concerns about

3:29:44 to 3:30:08( Edit History Discussion )

Chuck Grassley: this nomination and will voting not to confirm h. during his time as a federal judge on the u.s. district court for the southern district of indiana, judge hamilton issued a number of highly controversial rulings and, more importantly, has been reversed

3:30:09 to 3:30:29( Edit History Discussion )

Chuck Grassley: in my opinion, these decisions strongly indicate that judge hamilton is an activist judge that will ignore the law in favor o ideology and example. in one case, judge hamilton succeeded in blocking enforcement of an informed

3:30:30 to 3:30:51( Edit History Discussion )

Chuck Grassley: consent law for sen years. in that case, -- the case is called a woman's choice v. newman, judge hamilton struck down that certain medical information be given to a woman in person before an abortion can be performed.

3:30:52 to 3:31:12( Edit History Discussion )

Chuck Grassley: the seventh circuit overruled judge hamilton's decision stating -- quote -- "for seven years, from enforcing a statute materially identical to a law held valid by the supreme court in casey by this court in

3:31:13 to 3:31:34( Edit History Discussion )

Chuck Grassley: and by the fifth circuit in barnes. no court anywhere in the country other than one district judge in indiana has held any similar law invalid in the years since casey casey. indiana, like pennsylvania and wisconsin, is entitled to put

3:31:35 to 3:31:59( Edit History Discussion )

Chuck Grassley: its law into effect and have that law judged by its own consequences." end of quote from the circuit court overturning judge hamilton. so it seems to me that judge hamilton went out o make his findings and to

3:32:00 to 3:32:21( Edit History Discussion )

Chuck Grassley: actually block indiana law. this is not the proper role of a judge. in addition, judge hamilton has shown hostility expression of religion in the public square. two prom inept cases two prominent cases. he ruled against public prayer in the state legislature and

3:32:22 to 3:32:43( Edit History Discussion )

Chuck Grassley: religi buildings, and in both cases he was reversed. in the case basma, judge the speaker of the indiana house of representatives from permitting sectarian prayer. judge hamilton ruled that the indiana state legislature was

3:32:44 to 3:33:04( Edit History Discussion )

Chuck Grassley: prohibited from starting its se specifically those that expressed mentioned jesus christ. but somehow it would be permissible for a prayer to

3:33:05 to 3:33:25( Edit History Discussion )

Chuck Grassley: mention allah. the circuit court overruled his decision in hendrix and subsequently the indiana house passed a resolution 85-0 opposing judge hamilton's ruling ruling. then we have indianapolis

3:33:26 to 3:33:46( Edit History Discussion )

Chuck Grassley: building authority. judge hamilton ruled that a county could prohibit the display of a menorah in a nonpublic forum. the seventh circuit unanimously reversed judge hamilton, that the judge disregarded relevant supreme court precedent to reach his ruling and that he

3:33:47 to 3:34:10( Edit History Discussion )

Chuck Grassley: failed to recognize a rabbi's first the menorah as symboli religious speech. judge hamilton also ignored clear statutory mandate so he could impose h beliefs when defendants.

3:34:11 to 3:34:32( Edit History Discussion )

Chuck Grassley: example: in 2008, u.s. v. woolsey, judge hamilton disregarded conviction in order to avoid imposing a life sentence on a repeat drug the decision, admonishing judge hamilton, specifically stating that he was -- quo

3:34:33 to 3:34:54( Edit History Discussion )

Chuck Grassley: free to ignore prior conviction because statutory penalties for recidivism are not unwise or inappropriate response to repeat drug offenders. --

3:34:55 to 3:35:15( Edit History Discussion )

Chuck Grassley: in another case, u.s. v. rhina, judge hamilton used his court opinion to request clemency for a polic officer who pled guilty to two counts of producing child pornography. in this case, the police officer had engaged in and

3:35:16 to 3:35:37( Edit History Discussion )

Chuck Grassley: consensual sex with two teenagers. in addition, in writings and speeches, judge hamilton has indicated that he approves of the concept that judges should make policy for example, he has embraced president obama's empathy standard, a standard so

3:35:38 to 3:35:59( Edit History Discussion )

Chuck Grassley: that even the new supreme court justice, rebuke it at her confirmation hearing. in response to written questions for his confirmation hearing, way -- quote -- "federal judges take an oath to justice without respect to

3:36:00 to 3:36:20( Edit History Discussion )

Chuck Grassley: persons and to do equal right to the poor and to the rich. empathy could be distinguished from sympathy -- to be distinguished from sympathy, is important in fulfilling that oath. empathy is the ability to understa another person's point of view. a judge needs to empathize

3:36:21 to 3:36:43( Edit History Discussion )

Chuck Grassley: all parties in cases, plaintiffs and defendants, crime victims and accused defendants so that the -- the j understand how the parties came to be before the court and legal rules affect those parties and others in similar

3:36:44 to 3:37:04( Edit History Discussion )

Chuck Grassley: situatio end quote. to empathize with the parties is rather, that proper role of a judge iso apply the law to the fact in an impartial manner and that is what we refer to

3:37:05 to 3:37:26( Edit History Discussion )

Chuck Grassley: bl now, further, in a 2003 speech, judge hamilton that the role of a includes -- quote -- "writing footnotes in the constitution" through evolving case note.

3:37:27 to 3:37:48( Edit History Discussion )

Chuck Grassley: he said -- quote hugh dillon of this court said that part of our judge here as judges is to write a series of footnotes to the well, all do that -- we all do that every year in cases and small." now, oddly enough, the last time

3:37:49 to 3:38:10( Edit History Discussion )

Chuck Grassley: i checked, it was the role of congress judicial branch. ju has been noted by lawyers who practiced before him. in fact, statements of practi a federal judiciary describe

3:38:11 to 3:38:33( Edit History Discussion )

Chuck Grassley: judge ham toin as -- quote -- hamilton as -- quote -- "the most lenient of in the district." another quote: "one of the more liberal judges of the district." another quote: "goes out of his way to make the defendant comfortable." anothe quote: "he is your best

3:38:34 to 3:38:55( Edit History Discussion )

Chuck Grassley: chance for downward departures." and sentencing, he tends to be very empathetic to the downtrodd to those who commit crimes due to poverty." contrary to how the white house has tried to characterize judge

3:38:56 to 3:39:16( Edit History Discussion )

Chuck Grassley: hahamilton, i believe that the record amply demonstrates that judge hamilton is an activist judge. he has taken radical pos any number of indicate that judge hamilton will beliefs and values in cases we should not promote an individual whose track record clearly

3:39:17 to 3:39:37( Edit History Discussion )

Chuck Grassley: demonstrates out an personal agenda to the federal appeals court. for these reasons, i will oppose the nomination of judge hamilton to the seventh and if he was a circuit as many times as he's

3:39:38 to 3:40:00( Edit History Discussion )

Chuck Grassley: been overruled, i appropriate for him to be on the ninth circuit, where the supreme court overturns those -- a lot of those decisions on appeal to the supreme court out of 10.

3:40:01 to 3:40:19( Edit History Discussion )

Chuck Grassley: i yield the a senator: mr. president? the presiding officer: the senator from florida. a senator: ask unanimous consent to speak as if in morning business. the presiding officer: without objection. a senator: mr. president, the clock has struck 12:00. mr. lemieux: the clock has