Moderate nominee? Not according to some

Christian Broadcasting Network's David Brody runs through the reasons why some conservative Christians likely aren't going to be pleased by President Obama's decision to nominate federal district Judge David Hamilton to fill a vacancy on the 7th Circuit Court of Appeals.

While The New York Times this morning called Hamilton a "moderate," Brody writes that:
Hamilton was at the center of a controversy in 2005 when he ruled that the Indiana House of Representatives was not allowed to include prayers that included the name of Jesus. He cited the separation of church and state.

Also this morning, the conservative Judicial Confirmation Network has registered its disapproval of the nomination. It sent this to reporters:

1. President Obama's first nominee to the federal appeals courts -- specifically the appeals court based in Chicago -- is an ultra-liberal named David Hamilton who is a former fundraiser for ACORN and former leader of the Indiana chapter of the ACLU. He was nominated to the district court bench by President Clinton even though he had no judicial experience and was rated as "not qualified" by the ABA.

2. As a district judge, (Hamilton) has issued extreme rulings, among them invalidating an Indiana law requiring the registration of sex offenders. He ruled that the use of drug-sniffing dogs was no different than invading the privacy of a residence by using a thermal imaging device. He has shown consistent hostility to good faith law enforcement efforts, taking an extremely expansive view of criminals' rights.

3. He also prevented an Indiana law from being enforced that required information and a waiting period before an abortion. This law was functionally identical to the requirements outlined in the U.S. Supreme Court's Casey decision.

4. His actions as a judge contradict what he wrote on a Senate questionnaire when he was nominated to the district court bench. He wrote, in response to a question about judicial activism: "Because the federal judiciary is insulated from political pressures in many ways, the members of that judiciary have a responsibility to exercise their power with restraint and deference to the elected branches of government, and with appropriate respect and restraint when dealing with state and local governments." Hamilton's record does not match his words.

Update at 11:45 a.m. ET. The liberal People for the American Way has released this statement from its president, Kathryn Kolbert:

"David Hamilton is an ideal choice for this seat. Throughout his career, he has demonstrated a willingness to put principle ahead of politics and bring an open mind to every case. Judge Hamilton has shown a deep commitment to the rule of law and core constitutional principles of liberty, equality, and justice for all Americans.

"I'm encouraged not only that President Obama has made such a strong choice, but by his success in reaching across the aisle and winning the support of both of Indiana's senators. This is a very good sign for the caliber of nominees we can expect from this president. I urge the Senate to move quickly to confirm him."