Lambda Legal Opposes Nomination of Terrence Boyle To Federal Appeals Court, Saying His Record Shows 'Clear Hostility and Blatant Disregard for the Law'

(New York, March 24, 2005) — Citing serious concerns about his record of hostility to civil rights claims, Lambda Legal today announced its opposition to the nomination of U.S. District Judge Terrence W. Boyle to the U.S. Court of Appeals for the Fourth Circuit.

Boyle has been nominated to the appeals court numerous times and has failed to win Senate confirmation each time, largely because of his extreme judicial views. Earlier this year, President Bush again nominated Boyle to serve on the federal appeals court (whose 11 judges hear a wide range of cases appealed from trial-level federal courts in Maryland, North Carolina, South Carolina, Virginia and West Virginia). The Senate Judiciary Committee has already held hearings on his nomination and a vote by the committee could come early next month.

“Terrence Boyle’s nomination should alarm anyone who believes in fairness and justice,” said Kevin Cathcart, Executive Director of Lambda Legal. “His record shows clear hostility towards civil rights claims and blatant disregard for the law.”

Cathcart said Lambda Legal is particularly concerned about Boyle’s approach to the Americans with Disabilities Act, a federal law that prohibits discrimination against people with disabilities, including HIV. In numerous decisions, Boyle has ignored clearly established legal precedent on the ADA. He has ruled that courts should defer to an employer’s opinion of whether a reasonable accommodation has been made to a disabled employee. There are no cases in the public record where Boyle has ruled in favor of a plaintiff in an ADA case.

“As a result of his disregard for the rights of disabled people and other individual plaintiffs, Judge Boyle has been reversed by the federal appeals court time and again, and he’s even been admonished by the appeals court for ignoring clear legal precedent and treating people unfairly. Now President Bush wants Judge Boyle to serve on the very appeals court that routinely reverses and admonishes him. It’s difficult to imagine a nominee less fit to serve on this court,” Cathcart said.

According to Lambda Legal, which released a backgrounder today on Boyle’s record and his nomination’s potential impact on people with HIV, Boyle has repeatedly dismissed individuals’ lawsuits using unfair procedures that the appeals court had already cited in reversing his earlier rulings – including at least three cases where Boyle ruled against people without giving them notice or an opportunity to respond.

In opposing Boyle’s nomination, Lambda Legal is mobilizing its 25,000-plus members to voice their concerns to members of the U.S. Senate. Lambda Legal is working with People for the American Way, Alliance for Justice, the Leadership Conference on Civil Rights and dozens of other groups to defeat Boyle’s nomination and make sure the nation’s courts remain fair and independent.

The effort to defeat Boyle’s nomination is the first step in Lambda Legal’s wide-ranging new national campaign, “Courting Justice: Stand Up for Fair Courts – Protect Our Rights.” The campaign aims to mobilize LGBT people, those with HIV and allies to advocate for unbiased judicial nominees, defend fair-minded judges from political attacks and support the legitimate role of courts in addressing civil rights claims. As part of the campaign, Lambda Legal will be releasing substantive material on a number of issues and nominees, giving members and the public avenues to get involved in fighting for fair courts, reaching out to activate constituencies through advertising and other vehicles and working closely with other leading civil rights and judicial organizations.

“Fighting for fair courts is one of our priorities in the months ahead – and its impact will last a generation. We’re at a critical juncture where one federal nomination could make a difference between fairness and injustice for all Americans,” Cathcart said.