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article/2006/03/24/AR2006032401688.html

From The Washington Post
Saturday, March 25, 2006; A18

In his March 16 op-ed column, Robert D. Novak argued that Judge Terrence W. Boyle deserves a prompt Senate confirmation vote to the U.S. Court of Appeals for the 4th Circuit in part because "his only liability is that he is a conservative who spent a year on Sen. Jesse Helms's staff."

Here are other liabilities, from the perspective of civil rights litigants who might have to rely on Mr. Boyle for justice:

• His lower court decisions have been reversed or criticized on appeal more than 150 times, often for "plain error," which the conservative 4th Circuit defines as error so severe and obvious that it goes to the heart of the "fairness, integrity or public reputation" of court proceedings.

• He has yet to rule in favor of a plaintiff under the Americans With Disabilities Act in a published ruling since the act took effect in 1991.

• He was chastised by the 4th Circuit in a review of his ruling for his "misguided" approach to "reasonable accommodation" provisions of the ADA.

For these and other reasons, he is vigorously opposed by law enforcement and other first responders as well as by disability and civil rights advocates. If these don't count as liabilities for a nominee to a lifetime appointment to a federal appeals court, what does?

ANDREW J. IMPARATO
President and Chief Executive
American Association of People With Disabilities
Washington