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Senate confirms long-stalled Obama judicial pick

WASHINGTON
Fri Nov 20, 2009 8:14am EST

WASHINGTON (Reuters) - The Democratic-led U.S. Senate, having smashed through a Republican wall of opposition, confirmed on Thursday U.S. President Barack Obama's first and longest-stalled judicial nominee.

Barack Obama

On a vote of 59-39, the Senate approved Obama's bid to elevate U.S. District Judge David Hamilton of Indiana to the Chicago-based 7th U.S. Circuit Court of Appeals.

Senator Richard Lugar of Indiana was the only Republican to vote for the judge's confirmation. Lugar called him "superbly qualified."

The action came two days after the Senate, which is controlled by Democrats, lifted a Republican procedural roadblock against Hamilton, who became Obama's first judicial nominee in March 2009.

Federal judges serve for life and have enormous power, ruling on a broad array of issues that range from personal liberties to business rights. Federal appeals courts establish binding precedent with their decisions but only within their jurisdiction.

Democrats were becoming frustrated with the delayed confirmation of Hamilton. It had been stuck on the Senate calendar since June.

During the administration of Obama's predecessor, President George W. Bush, Republicans denounced Democratic procedural hurdles known as filibusters that were launched against Bush's judicial nominees.

Republicans have made it clear that they will try to block some of the Democratic president's selections.

Democratic Senator Patrick Leahy ripped into and ridiculed Republicans for opposing Hamilton. He invoked a line of attack reminiscent of those used by Republicans against Democrats who blocked Bush's picks.

Leahy pointedly noted that Obama won last year's presidential election and reminded colleagues that "the president gets to nominate judges."

Critics said Hamilton should be stopped, charging he was a liberal "activist judge" who puts personal beliefs above the law, while backers insisted he was moderate and noted Hamilton received the American Bar Association's top rating.

Hamilton became the seventh of Obama's 27 district and federal appeals court nominees to be confirmed since the president took office in January.

Bush, a Republican, had 28 judicial district and federal appeals court nominees confirmed in his first year, while Democratic President Bill Clinton had 27 such confirmations.

While blaming Republican stalling tactics, some critics also say Obama has been relatively slow in sending judicial nominations to the Senate.

Leahy, chairman of the Senate judiciary committee, recently urged Obama to quicken the pace and has long encouraged fellow lawmakers to offer recommendations to the White House.

Liberals and political moderates are urging Obama to make judicial appointments that reverse what they see as the conservative drift that occurred under Bush.

(Editing by Paul Simao)



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