Stay up to date on the latest news and legislative alerts in mental health law: Email   ZIP For RSS readers

Protect Disability Rights in the Courts

(Jan. 19, 2005)—The Bazelon Center needs your help to prevent Senate confirmation of two controversial judicial nominees with a record of arguing to limit civil rights protections for people with disabilities!

The Senate Judiciary Committee is preparing to hold confirmation hearings for Terrence Boyle and William Pryor—two nominees opposed by disability rights advocates for their extreme positions.

• Terrence Boyle, a nominee to the Fourth Circuit Court of Appeals (North Carolina, South Carolina, Virginia, West Virginia and Maryland), has issued a number of rulings with an extremely narrow view of Congress' power to enact civil rights laws, such as the Americans with Disabilities Act (ADA). He has ruled that Congress overstepped its authority in providing protections for people with disabilities under the ADA. His reasoning in one such decision was rejected last May by the Supreme Court’s decision in Tennessee v. Lane. Boyle has also interpreted the ADA to provide only limited protections—in a position so extreme that even other judges on the conservative Fourth Circuit criticized his reading as too narrow.

• William Pryor, a nominee to the Eleventh Circuit Court of Appeals (Florida, Georgia and Alabama), is vigorously opposed by disability rights advocates for his radical interpretation of states’ rights and opposition to enforcement of federal laws that protect people with disabilities. As a result of Pryor’s arguments in Garrett v. Board of Trustees of Univ. of Alabama, the Supreme Court ruled to limit dramatically the ADA’s application to employment discrimination. Pryor also supports legal interpretations that would restrict individuals’ ability to enforce their rights under Section 504 of the Rehabilitation Act and the Medicaid Act—interpretations that have been rejected by numerous federal appeals courts. Pryor has been serving temporarily on the Eleventh Circuit Court since last February, when the President sidestepped a filibuster that had prevented Pryor’s controversial nomination and appointed him to the court while the Senate was out of session.

Confirmation hearings may be held as early as the week of Jan. 24, so disability rights advocates may have just days to convince key lawmakers not to confirm these extremist judges to lifetime appointments on federal courts that make critical decisions about basic civil rights protections for people with disabilities.

Terrence Boyle's Record on Disability Rights Bill Pryor’s Record on Disability Rights

Take action Now!

It is absolutely critical that leaders on the Senate Judiciary Committee hear from you! Call or fax these lawmakers today to let them know that you oppose the confirmation of Terrence Boyle, Bill Pryor and any other judicial nominee who would undermine basic protections for people with disabilities:

Senator Arlen Specter, Chairman (R-PA)

• Phone: 202-224-4254
• Fax: 202-228-1229
• If you are a Pennsylvania constituent, you can also e-mail Senator Specter at arlen_specter@specter.senate.gov

Senator Patrick Leahy, Ranking Democratic Member (D-VT)

• Phone: 202-224-4242
• Fax: 202-224-3479
• If you are a Vermont constituent, you can also e-mail Senator Leahy at http://leahy.senate.gov/contact.html (web form)

Contact the Committee:

• Phone: 202-224-5225
• Fax: 202-224-9102
  

Fair Use Policy

Please feel free to forward our alerts as long as you credit the Bazelon Center with a link to our website: http://www.bazelon.org