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People with Disabilities Deserve Their Day in Court
April 20, 2005—Tomorrow the Senate Judiciary Committee will likely vote
on the controversial nomination of Terrence Boyle to the Fourth Circuit Court
of Appeals. The Bazelon Center and ADA Watch/National Coalition for Disability
Rights need your help to stop Boyle cold.
Why You Should Care...
Boyle 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.
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.
Let these lawmakers 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
2. Show Up to the Hearing
If you are in the Washington, DC metro area, join
us tomorrow at 9:30 a.m. in room 226 of the Dirksen Senate Office Building
to show your opposition
to Boyle’s nomination.
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.
