This morning, after two previous failed attempts at promotion to the federal appeals court, Federal District Judge Terrence Boyle of North Carolina smelled the coffee, and ordered tea instead. He submitted a letter to George Bush asking that his nomination be withdrawn.
He was among the four judges considered so extreme in their views by the previous congress that their appointments failed to earn consideration. With a landslide Democratic victory in the last election it became obvious that this congress was not about to try what previous congresses had found impossible.
According to Ralph Neas, president of "People for The American Way," Terence Boyle is "a judicial disaster... and his rulings reflect a judicial philosophy that is very damaging to the rights of average Americans."
These are the highlights of Judge Boyle's service on the court:
* A decision in a North Carolina employment case stipulating that the federal government should respect discrimination that is explained by the state's "culture"
* Several efforts to exempt state agencies from federal anti-discrimination laws, including an Americans with Disabilities Act case in which his decision described working as "not a major life activity" deserving of protection.
* A reversal rate on appeal that exceeded any other judge nominated by George W. Bush and one that was much higher than any other judge on the Fourth Circuit.
However, none of these issues diminished Sen. Elizabeth Dole's enthusiasm for the man. Her endorsement of his nomination was glowing, "Those of us who know Judge Boyle appreciate his intellect and even-handedness and record of distinguished service on the district court."
Resisting Judge Boyle's appointment in 2003, then Sen. John Edwards sent a letter of concern to Sen. Orrin Hatch, chair of the Senate Judiciary Committee, that read in part...
As a North Carolina Senator, I am very familiar with this record. Judge Boyle’s decisions have been reversed or vacated more than one hundred times. Two of these rulings were by the United States Supreme Court, one by a unanimous vote. Judge Boyle’s record on civil rights is particularly troubling. In numerous cases he has inaccurately interpreted the law in a way that undercuts basic civil rights protections.
So Liddy, what's one hundred reversals on appeal, give or take a few dozen?
The good news is with someone else to serve on the Appellate Court, Judge Boyle will be allowed to continue his exceptional record of reversals on appeal. Who knows, with a lifetime appointment would a smooth 500 be totally out of the question?