March 19, 2009

Something Doesn't Add Up

David Hamilton was appointed by President Clinton despite a rating of "not qualified."  During his time on an Indiana District Court he was involved in numerous controversies including a particularly stunning rebuke from the Seventh Circuit Court that he would join.
"For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court inKarlin, and by the fifth circuit in Barnes. No court anywhere in the country (other than one district judge in Indiana [i.e., Hamilton]) has held any similar law invalid in the years since Casey. Although Salerno does not foreclose all pre-enforcement challenges to abortion laws, it is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate."
But what of Hamilton's qualifications now?  Well on the same day that Obama restores the ABA to its pre-Bush role, the ABA issued its rating of Hamilton, and ... allakha-hopenchange he is now magically "well qualified."

Here are the ABA's standards.  Knock yourself out.

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