2006—In United States v. McCotry, federal district judge David F. Hamilton invokes “substantive due process” to suppress evidence of marijuana and crack cocaine found in the apartment of a criminal defendant, Tamica Hollingsworth, charged with possessing marijuana and knowingly making her apartment available for the unlawful storage of controlled substances. One year later, a unanimous Seventh Circuit panel will reverse Hamilton’s ruling.
In March 2009, Hamilton, a former ACLU activist, will become President Obama’s first nominee to an appellate seat.