Federal Judge Terrence Boyle Unfit for Promotion to Appeals Court

Conclusion

Judge Terrence Boyle’s record clearly fails to demonstrate either an “exemplary record in the law,” or a “commitment to protecting the rights of ordinary Americans” and to the “progress made on civil rights, women’s rights, and individual liberties,” or a “respect for the constitutional role Congress plays in promoting these rights.” To the contrary, Boyle has an extremely troubling record of reversals, far worse than the average district court judge and other Bush nominees. That record, which his recent answers to the Senate Judiciary Committee apparently attempt to obscure, includes numerous reversals for “plain error” and for repeating the same mistake in multiple cases. Boyle has been reversed even by the conservative Fourth Circuit in a number of civil rights cases. He has actively promoted an extreme “states’ rights” philosophy that would eliminate protections against improper discrimination by state agencies on grounds of race and disability. He has shown a disregard for victims of discrimination based on race, gender, and disability that is so extreme that he improperly refused even to enter a consent decree to remedy such discrimination in one state-wide case. He has improperly tried to invalidate redistricting plans and campaign finance laws, drawing reversals from conservative judges including even Justice Clarence Thomas. As troubling as many of the President’s appellate court nominations have been, Boyle’s nomination is among the worst. His nomination should be rejected.

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