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Hoosier judge confirmed to appeals court

WASHINGTON – The Senate confirmed a Hoosier judge Thursday to serve a lifetime appointment on a federal appeals court. The vote was 59-39.

Both Sens. Richard Lugar, R-Ind., and Evan Bayh, D-Ind., voted "yes."

David Hamilton will join the 7th Circuit Court of Appeals, which hears cases from Indiana, Illinois and Wisconsin. Cases appealed from the appeals court are eligible for review by the U.S. Supreme Court.

Hamilton, 52, has served for 15 years as a federal district judge based in Indianapolis. He was a counsel for then-Gov. Bayh and is the nephew of former Rep. Lee Hamilton.

Hamilton's chief critic, Sen. Jeff Sessions, R-Ala., said he is "a highly activist judge" who thinks "it doesn't matter what Congress says and doesn't really matter what precedent says."

Some conservative groups threatened to downgrade their evaluations of any senator who voted for Hamilton.

Hamilton previously was a partner at the Indianapolis firm of Barnes & Thornburg. He was a member of the Indiana State Recount Commission, chairman of the Indiana State Ethics Committee and is a graduate of Yale Law School.

sylviasmith@jg.net