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Your Help Needed on Judicial Nominations!

June 3, 2009
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Dear Friend of CWA,

In the middle of the many challenges we face as a nation and as Christians, we must remain diligent in guarding our liberties and freedoms.  One of the ways our freedoms are constantly threatened is through the judicial tyranny of unelected judges.  That is why we ask you to remain engaged in the judicial confirmation process and why we write to alert you to some urgent threats we are facing in the United States Senate.

First, Judge David Hamilton is set to be voted out of the Senate Judiciary Committee tomorrow!  Call your senators today at (202) 224-3121 and ask them to oppose his nomination.

  • Judge Hamilton is the infamous judge who in 2005 ordered the Speaker of the Indiana House to immediately stop the practice of “sectarian prayers” at the opening of the legislative session because the prayers were apparently too Christian.  “[T]hey should refrain from using Christ’s name or title,” he ordered (emphasis ours).  Judge Hamilton later concluded that praying in the name of “Allah” would be perfectly fine.  The Seventh Circuit overturned his decision.

  • Over the course of seven years, he issued several rulings that prevented the state of Indiana from enforcing its informed-consent law requiring abortionists to inform women about the risks of the abortion procedure.  The law was identical to the Pennsylvania statute that the United States Supreme Court upheld in Planned Parenthood of Southeastern Pennsylvania v. Casey.  Judge Hamilton, however, seems to have little concern for the law or precedent, and, in a classic case of judicial activism, struck down the law, claiming it imposed an “undue burden” on a woman’s ability to obtain an abortion.  The Seventh Circuit overturned that decision as well, calling it an “abuse of discretion.”

  • Judge Hamilton has shown himself to be all too willing to disregard the law and precedent in order to advance ideology — the very definition of judicial activism.  No Senator in good conscience should vote for this nominee. 

Again, call your senators today and tell them you oppose the nomination of Judge Hamilton!  If one of your senators is part of the Senate Judiciary Committee, let them know you will be watching their vote and remarks tomorrow.  Capitol Hill switchboard: (202) 224-3121.

The members of the Senate Judiciary Committee are: 

Patrick Leahy, D-Vermont
Herb Kohl, D-California
Russell Feingold, D- Wisconsin
Charles Schumer, D-New York
Richard Durbin, D-Illinois
Benjamin Cardin, D-Maryland
Sheldon Whitehouse, D-Rhode Island
Ron Wyden, D-Oregon
Amy Klobuchar, D-Minnesota
Edward Kaufman, D-Delaware
Orrin Hatch, R-Utah
Charles Grassley, R-Iowa
Jon Kyl, R-Arizona
Jeff Sessions, R-Alabama
Lindsey Graham, R-South Carolina
John Cornyn, R-Texas
Tom Coburn, R-Oklahoma

Second, the nomination of Judge Sonia Sotomayor to the Supreme Court is apparently being rammed through, despite legitimate concerns.  Call Senate leadership and tell them the American people deserve better!  Call Senate Majority Leader Harry Reid (D-Nevada), Minority Leader Mitch McConnell (R- Kentucky), Senate Judiciary Chairman Patrick Leahy (D-Vermont) and Judiciary Ranking Member Jeff Sessions (R-Alabama). 
Capitol Hill switchboard: (202) 224-3121.

  • Judge Sotomayor has said race, gender, and ethnicity “may and will make a difference in our judging.”  She said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

  • In a 2005 appearance at Duke Law School, Judge Sotomayor said that the “court of appeals is where policy is made.”  Even worse, immediately after expressing that distorted view of the judicial role, she added, “I know this is on tape, and I should never say that because we don’t make law.”

  • In Ricci v. DeStefano, Judge Sotomayor upheld a discriminatory practice that affected firefighters in New Haven, Connecticut, who were denied promotions because not enough minorities scored high enough on a racially neutral test.  Ironically, the group of discriminated firefighters included one Hispanic.  She also voted to refuse rehearing the case.  Judge Sotomayor did not even think the case was worthy of a published opinion, a very interesting fact because the Supreme Court is currently considering the case and will announce its opinion at the end of June.

Based on these considerations, along with her extensive record, with more than three thousand cases, it is only reasonable that Senators take considerable time in order to make their decision.  It is their duty to do so!

However, at a press conference yesterday, Sen. Leahy refused the reasonable request that a hearing be delayed until after the August recess.  He won’t even allow the same amount of time given on the confirmation of Justice Samuel Alito, who had a comparable written record.

Apparently he believes we should just trust him that she will follow the law.

Judge Sotomayor is nominated to serve a life term in the highest court of the land; we must stand and demand a fair and thorough process.  Call Sen. Leahy and the rest of the Senate leadership and tell them there is no reason to rush this nomination.  Capitol Hill switchboard: (202) 224-3121.


Mario Diaz, Esq.
Policy Director for Legal Issues


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Concerned Women for America
Legislative Action Committee
1015 Fifteenth St. N.W., Suite 1100
Washington, D.C. 20005
Phone: (202) 488-7000
Fax: (202) 488-0806
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