ACTION ALERT!! Protect Disability Rights in the Courts

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IMPORTANT! Stop Two Anti-Disability Rights Judges!

" ACTION ALERT!! Protect Disability Rights in the Courts "

>From the Bazelon Center for Mental Health Law,

http://www.bazelon.org/:

(Jan. 19, 2005)--The Bazelon Center needs your help to

prevent Senate confirmation of two controversial judicial

nominees with a record of arguing to limit civil rights

protections for people 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.

* Terrence Boyle, a nominee to the Fourth Circuit Court of

Appeals (North Carolina, South Carolina, Virginia, West

Virginia and land), has issued a number of rulings with

an extremely narrow view of Congress' power to enact civil

rights laws, such as the Americans with Disabilities Act

(ADA). He has ruled that Congress overstepped its authority

in providing protections for people with disabilities under

the ADA. His reasoning in one such decision was rejected

last May by the Supreme Court's decision in Tennessee v.

Lane. Boyle has also interpreted the ADA to provide only

limited protections-in a position so extreme that even

other judges on the conservative Fourth Circuit criticized

his reading as too narrow.

* Pryor, a nominee to the Eleventh Circuit Court of

Appeals (Florida, Georgia and Alabama), is vigorously

opposed by disability rights advocates for his radical

interpretation of states' rights and opposition to

enforcement of federal laws that protect people with

disabilities. As a result of Pryor's arguments in Garrett

v. Board of Trustees of Univ. of Alabama, the Supreme Court

ruled to limit dramatically the ADA's application to

employment discrimination. Pryor also supports legal

interpretations that would restrict individuals' ability to

enforce their rights under Section 504 of the

Rehabilitation Act and the Medicaid Act-interpretations

that have been rejected by numerous federal appeals courts.

Pryor has been serving temporarily on the Eleventh Circuit

Court since last February, when the President sidestepped a

filibuster that had prevented Pryor's controversial

nomination and appointed him to the court while the Senate

was out of session.

Confirmation hearings may be held as early as the week of

Jan. 24, so disability rights advocates may have just days

to convince key lawmakers not to confirm these extremist

judges to lifetime appointments on federal courts that make

critical decisions about basic civil rights protections for

people with disabilities.

TAKE ACTION NOW!

It is absolutely critical that leaders on the Senate

Judiciary Committee hear from you! Call or fax these

lawmakers today to let them know that you oppose the

confirmation of Terrence Boyle, Bill Pryor and any other

judicial nominee who would undermine basic protections for

people with disabilities:

SENATOR ARLEN SPECTER, Chairman (R-PA)

Phone: 202-224-4254 Fax: 202-228-1229

If you are a Pennsylvania constituent, you can also e-

mail Senator Specter.

E-mail: arlen_specter@...

SENATOR PATRICK LEAHY, Ranking Democratic Member (D-VT)

Phone: 202-224-4242 Fax: 202-224-3479

If you are a Vermont constituent, you can also e-mail

Senator Leahy.

E-Mail: http://leahy.senate.gov/contact.html (web form)

CONTACT THE JUDICIARY COMMITTEE:

Phone: 202-224-5225 Fax: 202-224-9102

MORE INFORMATION:

Terrence Boyle's Record on Disability Rights

http://www.bazelon.org/judicialnominees/boyle.htm

Bill Pryor's Record on Disability Rights

http://www.bazelon.org/judicialnominees/pryor.htm

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These two judges will do everything in their power to limit the basic

human rights of those with Asperger's, too.