Obama’s first judicial appointment: a teaching moment
March 18th, 2009 by SteveBarack Obama has just made his first appointment to the federal bench, naming U.S. District Judge David F. Hamilton, from Indiana, to the US Court of Appeals for the 7th Circuit. By all accounts, Judge Hamilton is extremely well qualified for the job, as well as being fairly moderate from a political standpoint.
It was the latter attribute — Judge Hamilton’s relatively moderate political views — President Obama chose to emphasize in announcing the appointment. Who can blame him? Clearly, he’s hoping to avoid the contentious confirmation battles of the past.
Nice idea.
But then so was the perpetual motion machine.
Let’s see how this latest blast of post-partisanship is working out for the president: not so well, it would seem. As the headline at the far right Christian Broadcasting Network announces: “Judge Hamilton Under Attack.” The “article” goes on to quote the Republican-organized web site, Judicial Confirmation Network, as follows:
Hamilton has a history as a hard-left political activist, and his choice signals that Obama does intend to push extreme liberals onto the bench and politicize the courts as we’ve never seen before.
Let’s call this a teaching moment, not so much for Obama himself, who probably knows the truth, but for the national media: bipartisanship simply isn’t in the cards when it comes to judicial appointments. Nominating moderate Democrats won’t prevent confirmation fights. Nominating independents won’t prevent confirmation fights. Hell, nominating non-nutty middle/right Republicans won’t prevent confirmation fights.
The far right needs confirmation fights. They’re the lifeblood that just might be enough to keep their movement on life support, as opposed to having it carted off to the morgue (and ultimately buried in an unmarked grave to keep angry Americans harmed by its former rule from vandalizing the site). Raging against “liberal judges” (long after the federal judiciary had been turned into a right wing paradise by years of appointments by GOP presidents) has been the principal clarion call of the far right for over a generation.
And they aren’t about to give it up now — no matter how reasonable Obama’s appointments seem to be to those of us living in the real world. And the Republicans in the Senate, with perhaps a few occasional exceptions, won’t cross them. They never do.
But if this is to be a teaching moment, then exactly what is being taught? Here are my suggestions for two lessons to be learned:
As to the media: get a clue guys. You can’t expect Obama to be successfully bipartisan with a rabid dog.
And as to Obama: If you have to do the time anyway (being accused of making far left appointments) you might as well do the crime (you might as well send up a few).
Update: Let me be clear. I very much doubt the far right can prevent the appointment from going through — although they may claim 20 or 25 no votes and slow things down a bit. No, this is about making a lot of noise.






