A presidential nomination of a Hammond-based judge to a federal appeals court has died in Congress.

That nomination's resurrection or burial could serve as an early test of President-elect Barack Obama's approach to shaping the judiciary.

Hammond-based U.S. District Court Judge Philip Simon was nominated by President George W. Bush in September to an open seat on the 7th Circuit Court of Appeals in Chicago. That nomination will expire without a hearing, said Andy Fisher, a spokesman for Indiana Sen. Dick Lugar.

Meanwhile, Senate Democrats are preparing for their chance to influence judicial nominations. By custom, the president considers the recommendations of his party's senators when nominating judges. That should mean increased influence for Democratic Sens. Evan Bayh, of Indiana, and Dick Durbin, of Illinois.

"We expect President-elect Obama to continue this practice," said Eric Kleiman, Bayh's spokesman.

A staff member for Judge Simon -- a two-time Bush nominee for the federal bench -- said White House officials have asked Simon not to talk about the nomination.

Would Obama renominate a judge twice nominated by Bush? Curt Levey, executive director of the Committee for Justice, a Washington, D.C.-based conservative advocacy group, noted that bipartisan cooperation on federal judges is not unprecedented.

"I'd point out that Bush, very early in his first term, appointed two Clinton nominees," Levey said.

Levey also said, however, that partisan nomination blocking reached a "very high level" under Bush. Recent news reports have indicated Republicans might be preparing to block Obama's judicial nominations.

Speculation abounds on who might replace Simon if he is renominated and confirmed. Also in question is the future of acting U.S. Attorney David Capp, a Democrat who has served under Republicans in the Hammond branch of the federal office. U.S. attorneys frequently are tapped for federal judgeships. Obama also will get to fill an opening in South Bend-based district court.

Bayh's spokesman invoked the prospect of bipartisan cooperation, at least in Indiana.

"Senator Bayh has a long-standing tradition of working across the aisle with Senator Lugar to recommend men and women of integrity who are committed to upholding the highest ethical standards and the impartial administration of justice," Kleiman said.