Federal District Judge David Hamilton has been nominated for a seat on the 7th U.S. Circuit Court of Appeals.
Conservative senators have objected to Hamilton, because he believes in the "empathy standard" brought to light in the confirmation hearings of U.S. Supreme Court Justice Sonia Sotomayor.
The "empathy standard" means judges call on personal and life experience when making decisions, instead of following the rule of law.
In one ruling, Hamilton said legislators in the Indiana House could not pray in the name of Jesus, but prayers to Allah were acceptable.
Jay Sekulow, chief counsel with the American Center for Law and Justice, said Hamilton has ruled against religious liberty.
"This is a judge that's making the statement that having a prayer during a legislative session that ends in the name of 'Allah the Magnificent' is constitutional," he said, "but having that same prayer end in the name of 'Jesus our Messiah' is not."
Tim Goeglein, vice president for external relations for Focus on the Family Action, said the judge's reasons were confusing.
"Hamilton said it was unconstitutional," he said, "and that somehow praying in the name of Jesus, in his words, 'advanced Christianity.'"
Goeglein said lawmakers need to stand against judicial activism.
"Unfortunately, David Hamilton has a record of judicial activism," he said. "His record seems to be soft on law-and-order issues and radically pro-abortion and hostile to religious liberties."
While Hamilton may not be a Supreme Court nominee, Sekulow said his appointment is still crucial.
"It's a big deal, because 99.9 percent of the cases do not go to the Supreme Court of the United States," he said. "It's these appellate courts that are the final word."
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