Prometheus 6

Quote of note:

The Fourth Circuit is considered one of the most conservative circuits in the entire country and even it has repeatedly found Boyle to be too radical in his judgments. The Fourth Circuit has had to reverse Boyle's decisions a whopping 150 times for errors in judgment and fundamental legal mistakes.

This is the guy Bush wants to review other judges' work?

In Godon v. North Carolina Crime Control & Pub. Safety, "a boot camp counselor claimed that her supervisors violated her First Amendment rights when they fired her for complaining about the treatment of black and female cadets." Boyle dismissed the case because he found the counselor's speech was not protected by the First Amendment, "but rather merely a personal expression of dissatisfaction." A unanimous Fourth Circuit reversed him.

This is the guy Bush wants to add to the Fourth Circuit?

JUDICIARY
Reverse Boyle's Nomination

President Bush once claimed he would be a "uniter, not a divider." You wouldn't know it by his judicial nominees. Bush has continued to re-nominate radical, activist judges who have been strongly opposed by mainstream America. Case in point: Terrence Boyle, whose nomination hearings for the Fourth Circuit began yesterday. Boyle has been vociferously opposed by civil rights groups and disability groups for his extreme decisions to weaken civil rights and disability rights. Boyle's high reversal rate even in non-ideological cases is a mark of mediocrity. None of this has the president particularly concerned; turning a blind eye to Boyle's record, President Bush in January said: "[Judge Terrence Boyle is] an exceptional candidate for the appeals court He'd make a superb addition to the Fourth Circuit Court of Appeals, and he is vitally needed on that court." The following shows why he is wrong:

REVERSING BOYLE: Judge Boyle, a former Jesse Helms protégé, has been trying to win a seat on this court since he was first nominated in 1991. The problem? He's just not a very good judge. The Fourth Circuit is considered one of the most conservative circuits in the entire country and even it has repeatedly found Boyle to be too radical in his judgments. The Fourth Circuit has had to reverse Boyle's decisions a whopping 150 times for errors in judgment and fundamental legal mistakes.

BOYLE AGAINST MINORITIES: Boyle is opposed by a large number of groups for his dismal civil rights record. For example, during the 1990 redistricting of North Carolina, the state created a congressional district to reflect the strong African-American population of the area. Boyle tried to block the district's creation and twice declared it unconstitutional. His decision was reversed twice by the Supreme Court. The first time, writing for a unanimous court , Justice Clarence Thomas found Boyle's ruling was "clearly erroneous." The Supreme Court sent the case back to Judge Boyle and his colleagues. Judge Boyle wrote another opinion reprinting large swaths of the first one the Supreme Court had rejected. The Supreme Court rejected Boyle's view again. Boyle also has a record of siding with employers in cases of workplace discrimination. In Whiting v. Ski's Auto World, Boyle ruled against an employee who had been passed over for promotion because of his race; the Fourth Circuit again overturned his decision. In Godon v. North Carolina Crime Control & Pub. Safety, "a boot camp counselor claimed that her supervisors violated her First Amendment rights when they fired her for complaining about the treatment of black and female cadets." Boyle dismissed the case because he found the counselor's speech was not protected by the First Amendment, "but rather merely a personal expression of dissatisfaction." A unanimous Fourth Circuit reversed him.

BOYLE AGAINST THE DISABLED: Appellate courts have repeatedly criticized Boyle for his overreaching attacks against the Americans with Disabilities Act. Boyle has tried to undermine the constitutionality of the ADA. He has tried to exempt state agencies from following the federal anti-discrimination laws. In Williams v. Channel Master Satellite Systems, Inc., for example, Boyle ruled working was "not a major life activity" which should be protected by the ADA. In reversing his ruling, the Fourth Circuit said of Boyle's declaration that "while some courts might entertain claims under the 'major life activity' of 'working,' this Court does not."

BOYLE AGAINST WOMEN: Boyle has a record of undermining workplace discrimination laws. In one of the most egregious examples, United States v. North Carolina, Boyle fought to protect North Carolina's right to discriminate against women in the workplace, claiming the state should be exempt from federal laws protecting the rights of women because the anti-bias laws were somehow against the state's "culture." The Fourth Circuit overturned Boyle's nonsensical decision, stating his ruling "constituted an abuse of discretion."

GROUPS AGAINST BOYLE: The National Bar Association (NBA), a national network of African-American lawyers working together to protect civil and political rights, is strongly opposed to Boyle's nomination. In a letter to Sen. Arlen Specter yesterday, the group said it found Judge Boyle "not qualified" for appointment, saying, "Judge Boyle has not reigned in his judicial activism to apply an appropriate judicial balance." North Carolina cops don't like Boyle. The North Carolina Police Benevolent Society opposes the nomination over a series of rulings. In both Kirby v. Elizabeth City and Morrash v. Strobel, Boyle dismissed cases brought by police officers who were penalized for telling the truth in court, ruling their testimonies were not protected by the First Amendment. The National Employment Lawyers Association "strongly opposes" him for his record against workers' rights.