Update: Senate Confirms Sutton Nomination

(April 29, 2003) -- Despite strong opposition from advocates for the rights of people with disabilities, the Senate today confirmed Jeffrey S. Sutton, of Ohio, to be U.S. Circuit Judge for the Sixth Circuit. Find out how your Senators voted on the Sutton nomination

Urge your Senators to vote no on Jeffery Sutton's nomination to the Sixth Circuit Court of Appeals and to speak out against Sutton on the Senate floor. Meet with your Senators in their home districts during the upcoming spring recess (April 13-27). Lawmakers should be available through their district offices. Contact information for district offices is available by searching for your Senators at http://www.congress.org. Come to Washington, DC on Tuesday, April 29. A strong showing of the disability rights community at the Senate vote will send a powerful message. Call your Senators. Senators can be reached through the capitol switchboard at 202-224-3121. Get Involved... Support the Bazelon Center. Your tax-deductible donation helps the Bazelon Center keep you informed on important developments in mental health law and policy. Not a Subscriber? Sign up now to receive action alerts and updates from the Bazelon Center.

Stop the Sutton Nomination

(April 10, 2003) -- Your help is urgently needed to stop Jeffrey Sutton's nomination to the Sixth Circuit Court of Appeals and to reject his anti-disability rights agenda.

The Senate has set the vote on Sutton's nomination for Tuesday, April 29. By limiting debate, the decision effectively closes the door on the possibility of a filibuster. Additional votes will now be necessary to block Sutton's nomination (Lawmakers will debate the nomination on Friday, April 11 and Monday, April 28).

Sutton Threatens Disability Rights

• Jeffrey Sutton persuaded the Supreme Court's conservative majority to rule, in Board of Trustees of the University of Alabama v. Garrett, that Congress has no power to allow state employees to sue their employers for damages under Title I of the Americans with Disabilities Act (ADA).
• In Olmstead v. L.C., Sutton contended that states have no duty under the ADA to serve people with disabilities in integrated settings. He argued that unnecessarily keeping people with disabilities in institutions was not a form of discrimination. Fortunately, the Supreme Court rejected his arguments in that case
• In Westside Mothers v. Haveman, Sutton persuaded a federal judge that poor children with serious medical needs have no right to sue to obtain Congressionally mandated services. Ultimately, an appeals court reversed the decision.
• In Alexander v. Sandoval, Sutton successfully argued to the Supreme Court that individuals may not sue to enforce "disparate impact" discrimination based on race or national origin by federally funded entities. The decision has been used to deny many individuals the opportunity to enforce their rights under Medicaid and other laws.

Take Action Now!

If Jeffrey Sutton is confirmed as a federal judge, he will make decisions, not just arguments, that affect the rights of people with disabilities. People with disabilities have worked too hard for civil rights protections to see those protections systematically dismantled.