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Cited As
Anti-Gay Boyle, 3 Other Bush
Nominees
To Federal Bench Withdraw
By
365Gay.com, January 9, 2007
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Washington -- Facing tough
opposition from the Senate's new Democratic majority, four of President Bush's
appeals court appointees have asked to have their nominations withdrawn.
William Haynes, William G. Myers III and Terrence Boyle have all decided to
abandon their quest for confirmation. Another nominee, Michael Wallace,
announced last month that he had asked Bush to withdraw his nomination.
Boyle, a federal judge in North Carolina, was nominated to the 4th Circuit.
It provoked opposition from Democrats and LGBT rights groups who cited his
rulings in civil rights and disability cases, as well as his higher-than-average
reversal rate by higher courts.
Lambda Legal was particularly vocal in opposing Boyle's nomination. The
organization said that its research found that his record showed a clear
hostility towards civil rights claims and blatant disregard for the law."
Lambda Legal's Executive Director Kevin Cathcart said the organization was
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 ignored clearly established legal precedent on the
ADA. He ruled that courts should defer to an employer's opinion of whether
a reasonable accommodation has been made to a disabled employee. At the
time that Lambda Legal opposed Boyle's nomination there were no cases in the
public record where Boyle ruled in favor of a plaintiff in an ADA case," said
Cathcart.
Haynes is the Pentagon's top lawyer, and was an architect of the Bush's
now-abandoned policy toward treatment of detainees in the war on terror.
He had been tapped for the 4th U.S. Circuit Court of Appeals.
Myers, nominated to the 9th U.S. Circuit Court of Appeals, sparked opposition
from environmentalist organizations and their allies among Senate Democrats.
Wallace's appointment to the 5th U.S. Circuit Court of Appeals drew opposition
from Democrats, civil rights groups and the American Bar Association.
The withdrawal of the nominations followed remarks by Sen. Patrick Leahy, D-Vt.,
the chairman of the Judiciary Committee, that only "consensus nominees" are
likely to win confirmation under the new Democratic majority.
"By making clear that Judge Boyles's nomination would face serious opposition,
congressional leadership has moved toward fulfilling the promise of judicial
fairness for all Americans," said Cathcart.
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