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Help Us Say Bye-Bye Boyle

April 14, 2005—Just one week from today, the Senate Judiciary Committee will likely vote on the controversial nomination of Terrence Boyle to the Fourth Circuit Court of Appeals. That means advocates may have just seven days to ensure this activist judge—who has consistently undermined civil rights protections for people with mental and physical disabilities—doesn’t secure a lifetime seat on one of the most powerful courts in the land.

If you live in California, Wisconsin or Rhode Island, the Bazelon Center and ADA Watch/National Coalition for Disability Rights are writing you today because urges you to contact your Senator today. Your senator’s opposition is absolutely critical to stopping Boyle cold.

Senators Diane Feinstein (D-Calif.), Herb Kohl (D-Wisc.) and Joe Biden (D-Delaware) have indicated that they may support Boyle’s nomination, despite his rulings to undermine civil rights protections for people with disabilities and others. With their support, Boyle will secure the committee’s approval and take another giant step toward confirmation.

Boyle’s record on disability rights is disturbing. He has ruled that Congress overstepped its authority in providing certain protections to people with disabilities under the Americans with Disabilities Act (ADA). His reasoning in these decisions was rejected last May by the Supreme Court's decision in Tennessee v. Lane. In fact, an extraordinary number of Boyle's decisions have been reversed or overruled by higher courts.

Boyle has also interpreted the ADA as providing very limited protections, taking positions so extreme that even judges on the conservative Fourth Circuit criticized his reading as too narrow.

If confirmed, Boyle would have the rest of his life to expand on his long record of decisions to undermine bedrock civil rights laws for people with disabilities. It’s up to you to stop him.

Terrence Boyle's Record on Disability Rights (Updated 2/24/05)

Take action Now!

Contact Your Senator

If you live in California, Wisconsin or Delaware, let your senator know that you oppose the confirmation of Terrence Boyle:

Senator Diane Feinstein (California)
Washington, DC office: (202) 224-3841
San Francisco Office: (415) 393-0707

Senator Joe Biden (Delaware)
Washington, DC Office: (202) 224-5042
Wilmington Office: (302) 573-6345

Senator Herb Kohl (Wisconsin)
Washington, DC office: (414) 297-4451
Milwaukee Office: (414) 297-4451

Contact the Media

Help get the word out about Terrence Boyle’s record. Write a letter to the editor of a newspaper in your state. Below are some points you may wish to incorporate in your message:

• (Your Senator) should oppose Terrence Boyle’s confirmation when the Senate Judiciary Committee meets on April 21.

• Terrence Boyle has a long history of undermining civil rights protections for the tens of millions of Americans who have disabilities. He has consistently argued that the Americans with Disabilities Act (ADA) provides only limited protections to people with disabilities and that Congress lacked the authority to enact key provisions of the ADA.

Additional information on Terrence Boyle’s record is available below.

Newspapers
Below is a list of addresses and websites where you can submit letters to the editor of newspapers in your state. Most newspapers have strict word limits on letter submissions; try to keep your message under 200 words.

California
San Francisco Chronicle
Los Angeles Times
Sacramento Bee
San Diego Union Tribune

Delaware
Dover Post
Wilmington News Journal

Wisconsin
Milwaukee Journal Sentinel
Green Bay Press Gazette

Fast Facts on Terrence Boyle

• Boyle was first nominated to the Fourth Circuit by former Senator Jesse Helms (R-NC). The Fourth Circuit covers North Carolina, South Carolina, Virginia, West Virginia and Maryland.

• As a district court judge, Boyle was reversed by the Fourth Circuit, known as an extremely conservative court, in more than 150 cases, including dozens of cases involving civil rights and criminal justice issues, according to the Leadership Conference on Civil Rights.

Boyle’s Record

• Boyle used questionable reasoning to reduce housing options for people with mental disabilities with his ruling in Oxford House v. City of Raleigh, ruling that a city’s requirement that limited the number of supported housing residences in a given area constituted discrimination in favor of people with disabilities.

• Boyle has opposed medical privacy for any person who brings a discrimination suit under the ADA. In Butler v. Burroughs Wellcome, Inc., he required a plaintiff whose psychiatric disability allegedly resulted from past physical and sexual abuse to allow defendants unlimited access to her entire medical history.

• Boyle argued in Williams v. Avnet, Inc. that employers should be the main arbiters of what is considered a reasonable accommodation, effectively giving employers the biggest say in deciding whether they are discriminating against employees with disabilities.

• Boyle ruled in Pierce v. King that the ADA doesn’t protect prison inmates with disabilities.

• More information on Boyle's record

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