Judicial Nomination Information - From NAD - If You Are Inclined

[Guest guest]

The National Association of the Deaf needs your help to prevent

Senate confirmation of two controversial judicial nominees with a

record of being hostile against the Americans with Disabilities Act

(ADA and other civil right laws for Americans with disabilities).

The Senate Judiciary Committee is preparing to hold confirmation

hearings for Terrence Boyle and Pryor -- two nominees

opposed by disability rights advocates for their extreme positions.

We oppose the re-nomination of H. Pryor, Jr. to a lifetime

position as judge on the U.S. Court of Appeals for the Eleventh

Circuit (Alabama, Florida and Georgia) -- just one step away from

the U.S. Supreme Court. President Bush nominated Pryor in 2003 but

failed to receive the Senate's approval. President Bush decided to

use a questionable loophole and appointed Pryor to a

temporary judicial term. Pryor's temporary appointment expires in

2005 which is why Bush is re-nominating him. Pryor is a leader in

the movement to limit the authority of Congress to enact laws

protecting individual civil rights. Pryor has fought aggressively

against the ADA and other laws that protect Americans with

disabilities and other minorities.

We are also opposing the nomination of Terrence Boyle to the Fourth

Circuit Court of Appeals. The Fourth Circuit is comprised of North

Carolina, South Carolina, Virginia, West Virginia and land.

Boyle has consistently ruled against individuals with disabilities

in cases brought under the Americans with Disabilities Act and

Section 504. Many of his decisions are based on radical

interpretations of disability rights laws, which are often

completely inconsistent with basic disability law as interpreted by

other courts and federal enforcement agencies and as expressed in

the statutes and regulations. Boyle ruled that Title II of the ADA,

and possibly the entire ADA, does not apply to states. Boyle claims

that the ADA is not an anti-discrimination law like other civil

rights laws, but instead " seeks to single out the disabled for

special, advantageous treatment. " His decision asserted that the ADA

demands entitlement, which " has little to do with promoting

the 'equal protection of the laws.' " Boyle also has ruled that state

prisoners does not have a right to reasonable accommodations for

their disabilities which would enable them to participate in prison

work programs. In another case, Boyle ruled that courts should not

second-guess an employer's decision about whether an accommodation

is reasonable.

It is absolutely critical that leaders on the Senate Judiciary

Committee hear from you!

For more information on this action item, please visit:

http://www.nad.org/judicial

Take action below to contact Senators and tell them to reject

extremist Judges.