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More on Judge Boyle Reasons to Reject Terrence Boyle’s Nomination Terrence Boyle's Record on Disability Issues

Contact the "Gang of 14" Calling your Senator by phone is more effective than email. Please, only email your Senator if you cannot call by phone. Democratic members of the Gang of 14 are: Ben Nelson (NE) click here to email phone: (202) 224-6551 Joseph Lieberman (CT) click here to email phone: (202) 224-4041 Daniel Inouye (HI) click here to email phone: (202) 224-3934 Mark Pryor (AR) click here to email phone: (202) 224-2353 Mary Landrieu (LA) click here to email phone: (202) 224-5824 Robert Byrd (WV) click here to email phone: (202) 224-3954 Ken Salazar (CO) click here to email phone: (202) 224-5852 Republican members of the Gang of 14 are: John McCain (AZ) click here to email phone: (202) 224-2235 Mike DeWine (OH) click here to email phone: (202) 224-2315 Lindsey Graham (SC) click here to email phone: (202) 224-5972 John Warner (VA) click here to email phone: (202) 224-2023 Susan Collins (ME) click here to email phone: (202) 224-2523 Olympia Snowe (ME) click here to email phone: (202) 224-5344 Lincoln Chafee (RI) click here to email phone: (202) 224-2921

Boyle Nomination Before Senate Again

Ask Key Senators to Block It

May 8, 2006--Events this week can determine whether Terrence Boyle, a judge with a clear record of hostility to the Americans with Disabilities Act, is confirmed to an appellate judgeship. Boyle has been nominated by President George W. Bush to the Fourth Circuit Court of Appeals (West Virginia, Maryland, Virginia, North Carolina and South Carolina).  

As a judge for the Eastern District of North Carolina, Boyle has repeatedly criticized the ADA as a law requiring "special treatment" instead of equality. In key disability rights and civil rights cases, Judge Boyle has ignored established precedent, Congressional intent and the letter of the law. Boyle even ruled that Congress lacked the power to apply any of the ADA’s public services provisions to the states. The Supreme Court’s decision in Tennessee v. Lane made clear that Boyle was wrong, but even after Lane, he stood by his previous rulings that Congress overstepped its bounds in applying parts of the ADA to the states. It’s no wonder that national disability rights advocacy organizations including AAPD, NCIL, the Bazelon Center for Mental Health Law, NAD, DREDF, United Spinal and ADA Watch/ NCDR strongly oppose Boyle's nomination.

The fate of Boyle's nomination may rest in the hands of the so-called "Gang of 14" -- fourteen Senators (seven Republicans and seven Democrats) who came together last Spring in a deal that temporarily settled the contentious struggle over filibustering of judicial nominees. These Senators will meet this week about Boyle’s nomination. Senate Majority Leader Bill Frist has vowed to force a vote in the coming month on Boyle’s nomination. Minority Leader Harry Reid has announced that the Democrats intend to filibuster Boyle. According to a Congress Daily PM report, Senator John McCain (R-AZ) -- a member of the "Gang of 14" --has given notice that he intends to convene the group that resolved the previous impasse over judges to address the current controversy. Boyle's nomination will be on the agenda.

If you are a constituent of any Senator among the Gang of 14, please call or fax today to urge your Senator to vote Nay on the Boyle nomination.

• Cite Boyle’s record of judicial activism and his failure to respect precedent and honor Congressional intent when it comes to the Americans with Disabilities Act.
• Tell about any instances of discrimination that remain relevant in your life or the lives of your friends, relatives and colleagues with disabilities. People with disabilities cannot expect "Equal justice under the law" with a Judge Boyle on the bench.
• Make it clear that a vote for Judge Boyle is effectively a vote against the rights of people with disabilities in the states of the Fourth Circuit.

Are you a member of an organization that has taken a position opposing the Boyle nomination? Then please add your name to the disability community’s opposition list by e-mailing Daniel Davis at NCIL at daniel@ncil.org or Gwen Gillenwater at AAPD at aapdgwen@aol.com.