Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—July 13

Judge David F. Hamilton at the IU Maurer School of Law. (Steve Raymer)

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.

Ed Whelan — Ed Whelan is a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law.

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