Tag Archives: Court: 7th Circuit

Think Progress reports: “Yesterday on the Senate floor, Sen. James Inhofe announced that he intended to filibuster Obama’s nomination of U.S. District Judge David Hamilton to the 7th Circuit Court of Appeals. ”

CQ Politics: “Leahy bowed to committee Republicans, who argued that the committee’s April 1 hearing on Hamilton’s nomination came too soon after President Obama nominated him on March 17.”

Christian Newswire: “Today the Chicago-based Thomas More Society filed a petition asking the U.S. Supreme Court to review and reverse a decision prohibiting the issuance and sale of “Choose Life” specialty license plates in Illinois. ”

World Magazine: “This could remake the courts into a “ruling oligarchy of unelected judges who view themselves as smarter than everyone else” and who indulge in their own policy preferences to force sweeping changes in accepted laws just because they think it is good for us, argues Jordan Lorence, a senior counsel with the Alliance Defense Fund.”

CQ Politics: “Senate Judiciary Committee Chairman Patrick J. Leahy has rejected the idea of having another confirmation hearing on 7th Circuit Court nominee David F. Hamilton. Leahy made his position clear in an exchange of letters with ranking Republican Arlen Specter that has laid bare the mounting tension between the two lawmakers over the confirmation process.”

Concerned Women for America has issued this press release: “Concerned Women for America (CWA) President Wendy Wright said, ‘David Hamilton proved the liberal American Bar Association correct when they rated him as ‘not qualified’ for his current post. Hamilton’s decisions reveal a deep disrespect for the Constitution and overinflated view of his own opinion. Senators would be derelict in their duties if they vote to promote him to do further damage to religious freedom and justice.’”

The Blog of the Legal Times: “President Barack Obama’s first nominee for the federal bench, Judge David Hamilton for a vacancy on the U.S. Court of Appeals for the 7th Circuit, has been alternately described as a ‘moderate’ and as an ‘ACLU liberal.’ Likewise, those who follow judicial nominations have different ideas about what the choice means for future vacancies . . . ”

Hamilton was the author of two related 2005 opinions holding that the Indiana House of Representatives, in opening its sessions with sectarian prayer, violated the Establishment Clause.

NYT: President Obama is expected to name his first candidate to an appeals court seat this week, officials said, choosing David F. Hamilton, a highly regarded federal trial court judge from Indiana, for the appeals court in Chicago . . . He did receive attention for two rulings striking down actions of conservatives in the Indiana legislature. In 2005, he made news by ruling that the legislature was prohibited from beginning its sessions with overtly Christian prayers.

Religion Clause Blog reports: “Suburban Chicago Daily Herald reported yesterday that the Illinois Attorney General’s office will file an appeal to the U.S. 7th Circuit Court of Appeals in Sherman v. Township High School District 214, (ND IL, Jan. 21, …

SCOTUS Blog reports: “On a pace that very likely will put them in the Supreme Court at its next Term, three significant test cases on the scope of the Second Amendment — the “gun rights” Amendment — are moving along in …

If the Ninth Circuit follows the Seventh Circuit’s lead (and if the Eleventh Circuit follows suit), then student free-association rights will be virtually assured. If either the Ninth Circuit or the Eleventh Circuit rules for the university, then a classic “circuit split” will exist . . .

Thomas More Society reports on the Christian Newswire: “On Wednesday, January 14, the Chicago-based Thomas More Society . . .  will argue before the Federal Seventh Circuit, along with Illinois Attorney General Lisa Madigan’s Solicitor General, to defend Illinois’ long …

Zafar Hasan, a Muslim of Indian descent, claims that, post-9/11, he was fired from Foley & Lardner because of his religion, race, national origin and color. The district court granted the firm’s motion for summary judgment. Today, a three-judge panel of the Seventh Circuit reversed. Here’s the opinion.

Eugene Volokh has this post on the Volokh Conspiracy discussing a recent district court opinion that holds that the 2nd Amendment is not incorporated against the states as per some very old 7th Circuit precedent.  The 7th Circuit may now …

LifeNews.com reports: “A federal appeals court ruled earlier this month that Illinois officials who don’t want to issue Choose Life license plates for state motorists don’t have to do so. On Tuesday attorneys from the Thomas More Society filed a …

. . . we conclude specialty plates are a nonpublic forum. Illinois may not discriminate on the basis of viewpoint, but it may control access to the forum based on the content of a proposed message . . .

Alliance Defense Fund allied attorney David Langdon will be available for media interviews Wednesday following a hearing at the U.S. Court of Appeals for the 7th Circuit concerning a Hazel Crest church prevented from meeting at property it has already legally purchased.

After Hein, taxpayers continue to have standing to sue for alleged Establishment Clause violations . . . but this standing extends only to suits to enjoin the violation.

First, this essay will consider the significance of the Supreme Court’s increased use of decisions reversing or vacating and remanding federal appeals court rulings. Second, this essay will consider the record of individual circuit courts, examining the Seventh Circuit in comparison to the Ninth Circuit and to other circuits.

The White House has issued this press release and IndyStar.com carries this report: Indiana judge nominated for appeals court. Hat tip: How Appealing

http://www.alliancedefensefund.org/news/story.aspx?cid=4678 ALLIANCE DEFENSE FUND MEDIA ADVISORY September 16, 2008 – FOR IMMEDIATE RELEASE CONTACT ADF MEDIA RELATIONS:  (480) 444-0020 or www.telladf.org/pressroom   ADF attorney available to media after hearing on firing of Christian psychologist Psychologist lost city contract because of …

The U.S. Court of Appeals for the 7th Circuit ruled Thursday that an ordinance restricting the distribution of religious literature in Granite City is unconstitutional, upholding a previous district court ruling. The Alliance Defense Fund has provided funding for the case, being litigated by an ADF-allied attorney, for more than four years.

Judge Richard Posner of the 7th Circuit has this post on the Becker-Posner Blog discussing the economics of marriage redefinition. Prof. Gary Becker has a similar post.

Horina v. City of Granite City, No. 07-1239, 07-2623

Freedom From Religion Foundation objected to four specific aspects of the chaplaincy including the clinical focus of the Chaplain Service, the provision of pastoral care to VA outpatients; and the integration of spirituality/religion into VA treatment programs.

In rejecting the challenge, the court of appeals cited observed: “We therefore join our sister circuits in rejecting the Commerce Clause challenge to the application of the statute to intrastate child pornography.”

The Split Circuits Blog reports on how the Ninth Circuit has split from the Seventh Circuit on the issue of deciding whether the sale of property ends an unconstitutional state endorsement of religion.

The decision upholds a lower court ruling that Bureau of Milwaukee Child Welfare case worker Dana Gresbach violated the Fourth Amendment rights of a brother and sister when she partially disrobed and viewed them at the private school where they were enrolled in the third grade.

They call it harassment to respectfully express a Christian viewpoint, which is all the more ironic in schools that give diplomatic immunity to pro-homosexual speech that claims to be all about “tolerance.”

The 7th Circuit has issued this opinion: Koger v. Bryan, 05-1904 (7th Cir., Apr. 24, 2008). The opinion begins: MANION, Circuit Judge. Gregory Koger (“Koger”), a former inmate at the Pontiac Correctional Center in llinois, filed suit against six prison …

The AP reports on the Chicago Tribune: Nuxoll and one-time student Heidi Zamecnik, who wore a similar T-shirt to school in 2006, filed a lawsuit saying their civil rights had been violated. Indian Prairie Unit District 204 later said the …

Ms. Madigan’s office filed paperwork Thursday indicating that it will ask the 7th Circuit U.S. Court of Appeals to reinstate a statute that generally requires underage girls to get parental permission to have an abortion. The law had been tossed out by U.S. District Judge David Coar, who ruled last month that the statute is incomplete and defective.

The Salvation Army’s Adult Rehabilitation Centers are functional equivalents of cathedrals or monasteries, and the ministers who administer them are therefore engaged in ecclesiastical administration

The court upheld provisions in the Adam Walsh Child Protection and Safety Act (18 U.S.C. § 3509m) that restrict a criminal defendant’s right to discover child pornography evidence in the prosecution’s possession.

Today, the seventh circuit issued an opinion in Petra Presbyterian Church v. Village of Northbrook, No. 06-1329 (7th Cir.