David Frank Hamilton (born May 5, 1957) is a senior United States circuit judge of the United States Court of Appeals for the Seventh Circuit. He was previously a United States district judge of the United States District Court for the Southern District of Indiana. On March 17, 2009, he became President Barack Obama's first judicial nominee when he was named for a seat on the Seventh Circuit. He was confirmed by the Senate on November 19, 2009, in a 59–39 vote.

Early life, education, and career

Born in Bloomington, Indiana, Hamilton grew up in southern Indiana and earned a Bachelor of Arts degree from Haverford College in 1979, followed by a Juris Doctor from Yale Law School in 1983. He also performed graduate work as a Fulbright Scholar at the University of Tübingen in Germany. Hamilton worked from 1983 until 1984 as a law clerk for Judge Richard Dickson Cudahy of the United States Court of Appeals for the Seventh Circuit. He then entered private practice in Indianapolis until 1989 as an associate at the law firm of Barnes & Thornburg. He served as Legal Counsel to Indiana Governor Evan Bayh from 1989 until 1991. Hamilton returned to Barnes & Thornburg in Indianapolis, working as a partner from 1991 until becoming a federal judge in 1994. During his time in private practice, Hamilton frequently did pro bono work for the Indiana Civil Liberties Union, where he served briefly as a board member and Vice President for Litigation.

Federal judicial service

District court service

President Bill Clinton nominated Hamilton to be a United States district judge of the United States District Court for the Southern District of Indiana on June 8, 1994. The Senate confirmed Hamilton by a voice vote on October 7, 1994. He received his commission on October 11, 1994. Hamilton was the chief judge of the Southern District of Indiana from January 1, 2008 to November 24, 2009. His service as a district court judge was terminated on November 24, 2009 when he was elevated to the court of appeals. A number of cases Hamilton decided as a district court judge drew media attention. In ''American Amusement Mach. Ass'n v. Cottey'', Hamilton held that the First Amendment did not prevent the city of Indianapolis from requiring parental consent for children to have access to video games containing explicit sexual content or extreme violence. This ruling was overturned by the Seventh Circuit. Hamilton drew headlines in 2005 for ruling that the Indiana state legislature violated the Establishment Clause when it began sessions with Christian prayers imploring conversion to Christianity or representing Christianity as the only true faith. He held that prayers invoking Jesus Christ or using terms like savior were sectarian, but names for God in other languages were permissible, absent evidence that those words were used in order to advance or disparage a particular religion. The ruling was overturned by the Seventh Circuit on the ground that the taxpayer plaintiffs lacked standing.

Court of appeals service

On March 17, 2009, President Barack Obama announced his intention to nominate Hamilton to a vacancy on the United States Court of Appeals for the Seventh Circuit that was created by Judge Kenneth Francis Ripple, who assumed senior status in September 2008. Obama formally nominated Hamilton later that day. He became President Barack Obama's first judicial nominee when he was named for a seat on the Seventh Circuit. On November 17, 2009, the Senate invoked cloture on his nomination 70–29 vote. On November 19, 2009, Hamilton's nomination was confirmed by a 59–39 vote. He received his commission on November 23, 2009. On December 1, 2021, he announced his intent to assume senior status upon confirmation of a successor. He assumed senior status on December 5, 2022.

Notable opinions

Family

Hamilton's brother, John Hamilton, served as the mayor of Bloomington, Indiana from 2016 to 2024. John Hamilton is married to Dawn Johnsen, whose nomination to serve as assistant attorney general for the Office of Legal Counsel in the United States Department of Justice was blocked by the Senate. His father, Richard "Dick" Hamilton is a retired United Methodist minister who served the North United Methodist Church in Indianapolis for many years. Hamilton is a nephew of former Congressman Lee Hamilton.