Inclusion Daily Express -- White House Pulls Terrence Boyle Nomination

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White House Pulls Terrence Boyle Nomination
By Dave Reynolds, Inclusion Daily Express
January 12, 2007

WASHINGTON, DC--The Bush administration this week withdrew its nomination of federal district judge Terrence Boyle to the U.S. Court of Appeals for the Fourth Circuit, avoiding a prolonged -- and likely unsuccessful -- standoff over his confirmation in the Democratic-led Senate.

The White House reportedly told Boyle it would withdraw his nomination, at the same time that three other controversial nominees asked for their nominations to be withdrawn.

Many civil rights groups and disability rights groups -- such as the American Association of People with Disabilities, National Council on Independent Living, the Bazelon Center for Mental Health Law, National Association of the Deaf, Disability Rights Education and Defense Fund, United Spinal Association and ADA Watch/National Coalition for Disability Rights -- opposed Boyle's confirmation because of his past record on disability issues in federal court.

One example was Boyle's ruling in the case of Tennessee v. George Lane, in which he said that Congress overstepped its legal authority when it had certain provisions of the 1990 Americans with Disabilities Act apply to state governments. The same appeals court for which he was nominated later overturned Boyle's decision. The U.S. Supreme Court in 2004 agreed with that appeals court.

Civil rights groups noted that higher courts later overturned an unusually high number of Boyle's rulings, suggesting that he was not competent to handle the post.

"Boyle's confirmation would almost certainly have set back many of the hard-won protections in the Americans with Disabilities Act," wrote Jennifer Mathis, Deputy Legal Director of Bazelon Center, in a brief press statement on Tuesday. "This is a good day for the millions of Americans living with disabilities."

During the first George W. Bush administration, disability groups aggressively fought the confirmation of Bill Pryor, a nominee for the U.S. Court of Appeals in Atlanta, and Jeffrey Sutton, who was confirmed to the U.S. Court of Appeals in Cincinnati. Both Pryor and Sutton had opposed the ADA in important disability discrimination cases.

Related:
"High Court Upholds Access To State Courts: State of Tennessee v. Lane et al" (Inclusion Daily Express Archives)
http://www.inclusiondaily.com/news/access/lane.htm

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