David Hamilton

Liberally slanted legal reporter Neil Lewis has a scoop-let on President Obama's anticipated first court appointment, the "moderate" Judge David Hamilton, to the federal appeals court in Chicago ("Moderate Is Said to Be Pick for Court").

Lewis saw this upcoming move as a "signal" Obama's future appointees would be "moderate" as well. But how truly moderate is David Hamilton, federal trial court judge in Indiana and former board member for the Indiana ACLU?

Lewis provides no evidence, only the vague assertion that Hamilton "is said by lawyers to represent some of his state's traditionally moderate strain." But that seal of approval has a certain "strained" quality itself; if Hamilton is "said" to "represent some" of Indiana's moderation, then he's not all moderate, but something else as well. Probably something liberal. Why?

For one, the liberal Obama picked him. For another, his only memorable rulings, according to Lewis himself, were two anti-conservative ones. In one case, he sided with the ACLU on prayer, a ruling later overturned. Third, Hamilton clerked for a liberal judge. Lewis's assertion is contradicted by factual evidence from his own story.