URGENT - Action necessary to stop anti-ADA judge

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http://www.adawatch.org

Take Action to Stop Anti-ADA Judge Terrence Boyle!

April 18, 2005—On Thursday, April 21, the Senate Judiciary Committee will vote

on the controversial nomination of Terrence Boyle to the Fourth Circuit Court of

Appeals. Because Boyle has consistently undermined civil rights protections for

people with disabilities, dozens of disability organizations – and many other

civil rights and social justice organizations – are opposed to promoting this

activist judge to a lifetime seat on one of the most powerful courts in the

land. If confirmed, Boyle would have the rest of his life to undermine civil

rights laws for people with disabilities. It’s up to you to stop him.

 

How can I help stop Boyle?

 

1. Show Up:

Join us on April 21st at 9:30 a.m. in room 226 of the Dirksen Senate Office

Building in Washington, DC.

 

During past votes on Anti-ADA judicial nominees, the disability community has

turned out in force – and we have been noticed by Senators. Help us put a human

face on this debate! Come early and show your support for the ADA!

 

2. Speak Up:

While we know disability is not and should not be a partisan issue, our only

hope of stopping Boyle is by using the filibuster. The Minority leadership will

only use the filibuster if all the Democrats on the U.S. Senate Judiciary

Committee vote against him on April 21st. But 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 likely confirmation by the full

Senate. (Remember: It was Sen. Feinstein's vote in Committee that prevented the

filibuster against Jeffrey Sutton.)

 

Use the contact information below to contact these Senators today!

 

Why Should I oppose Boyle?

 

ü Boyle has repeatedly ruled that Congress overstepped its authority in

providing certain protections to people with disabilities under the Americans

with Disabilities Act (ADA).

 

ü Boyle has criticized the ADA as a law that “seeks to single out the

disabled for special, advantageous treatment.”

 

ü Boyle has permitted state officials to use the tired doctrine of

“states’ rights” to avoid complying with the ADA – and his reasoning was

rejected by the Supreme Court in Tennessee v. Lane.

 

ü 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.

 

ü In one case, Boyle was even willing to let an employer themselves define

the “reasonable” accommodations required under the ADA for a worker with a

disability. Boyle’s judgment tipped the playing field so heavily to the employer

that a higher court called this part of his ruling “particularly inappropriate.”

 

Who else is opposed to Boyle?

 

[Contact us at info to add your name to this list.]

 

Organizations opposed to Boyle include: ADA Watch/National Coalition for

Disability Rights, Bazelon Center for Mental Health Law, Alliance for Justice,

Alliance of Disability Advocates, Disability Rights Education and Defense Fund,

National Council on Independent Living , American Association of People with

Disabilities, United Spinal Association, World Association of Persons with

disabilities, California Disability Alliance, California Foundation for

Independent Living Centers, Center for Independent Living, North Carolina,

Council for Disability Rights, Deaf Counseling, Advocacy, and Referral Agency,

Disability Policy Consortium of Massachusetts, Leadership Conference on Civil

Rights, National Association of the Deaf, Pathways for the Future CIL of Sylva,

North Carolina, Prairie Independent Living Resource Center, Programs for

Accessible Living, Self Help for Hard of Hearing People -- San Jose, CA chapter,

The Freedom Center, The Joy A. Shabazz Center for Independent Living in

Greensboro, North Carolina, The Mississippi Statewide Council for Independent

Living, The South Plains Post Polio Network Lubbock, Texas, The Southeast Kansas

Independent Living Resource Center, The Virginia Association of the Blind,

Western Alliance CIL of Asheville, North Carolina.

 

Take Action Now!

 

 

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

 

 

 

 

http://www.blueaction.org

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