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Thursday, March 19, 2009 5:21 PM

White House Says First Judicial Pick Moderate, Bashed By Right Anyway

By DAVID HERBERT

The White House has sought to paint David F. Hamilton, President Obama's first judicial pick, as a moderate with bipartisan support. (Bloomberg News) True enough, Indiana Sens. Richard Lugar (R) and Evan Bayh (D) have both issued statements supporting the Indiana district judge's nomination. But Hamilton served as Bayh's counsel when he was Indiana governor, and Lugar and the nominee have the Hoosier connection. (New York Times)

At least one GOP senator is less sure about the pick: Sen. Jeff Sessions, R-Ala., is "troubled by Hamilton's ruling against a sectarian prayer to open the Indiana House of Representatives." (AP)

So is Hamilton a bipartisan pick? The night-and-day responses from judicial watchdogs haven't provided much insight. Depending on who you believe, he's either the second coming of King Solomon or the first in a gloomy series of left-wing activists.

Kathryn Kolbert, president of the liberal People for the American Way, called Hamilton "an extraordinarily good judge" and "an excellent first choice." (Bloomberg News) The conservative Judicial Confirmation Network, meanwhile, sees "an ultra-liberal" and highlights his work passing the hat for ACORN for one month after college and his work on the board of the ACLU. (Washington Post)

Even the American Bar Association's support doesn't come without a historical asterisk. The association recently tagged the judge "well-qualified," its highest rating. Nothing wrong there, right? It's an improvement from 1994, when President Clinton tapped Hamilton for the federal post he now holds; then, the ABA said he was unqualified, explaining that he lacked sufficient trial experience and years practicing. (Indianapolis Star)

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