Phyllis Schlafly Misrepresents Record Of Judge David Hamilton

Schlafly Argues That Hamilton Is A Radical And Unqualified

Schlafly Questions The Qualifications of Judge Davis Hamilton. Schlafly writes: "When Obama's appointee for the Seventh Circuit Court of Appeals, David Hamilton, was a District Court judge, he prohibited the Indiana State Legislature from giving an invocation that mentioned Jesus, while mention of Allah was allowed. Hamilton worked for ACORN and the ACLU, and even the liberal American Bar Association rated him 'not qualified.'" [Eagle Forum, 11/20/2009

Hamilton Deemed "Well Qualified" And Mainstream

2009 ABA Rating Calls Hamilton "Well Qualified."  The Christian Science Monitor reports that Hamilton has strong bipartisan support: "He won the support of both senators from Indiana, Democrat Evan Bayh and Republican Richard Lugar. The American Bar Association gave him a "well qualified" rating. The president of the conservative Indiana Federalist Society said he was an "excellent jurist with a first-rate intellect," adding that Hamilton's judicial philosophy is "left of center, but well within the mainstream." [Christian Science Monitor, 11/19/09]

Schlafly Cited Irrelevant ABA Rating From 15 Years Ago

In 1994, the American Bar Association deemed Hamilton "not qualified" solely because he lacked experience.  Fifteen years later, the charge is irrelevant.

1994 ABA Rating Based On "His Limited Number Of Years Practicing At The Bar And His Lack Of Trial Experience."  In 1994, when Hamilton was nominated to serve on the US District Court for the Southern District of Indiana, the ABA stated that "a majority of our Committee was of the view that Mr. Hamilton is 'Not Qualified' for the appointment," citing "his limited number of years practicing at the bar and his lack of trial experience." The ABA noted that "[o]rdinarily a prospective nominee to the federal bench should have been admitted to the bar for at least 12 years" and that Hamilton "had been a member of the bar for less than 9 years." [ABA, 9/21/94]