Third Time Not The Charm for Terrence Boyle

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 He submitted a letter to George Bush asking that his nomination be withdrawn.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?


The weird thing

is that Boyle is the judge who granted the permanent injunction against the US Navy in the OLF case handled by the Southern Environmental Law Center. His decision was upheld at two levels of appeal.

Guess any judge can get it right every now and then.

My Guess

My guess is that if a judge this conservative found merit in the OLF case, the case is very, very strong.

I'm 56 years old. I moved to North Carolina five years ago. The previous twenty-five years I spent as a resident of Chicago's north shore and before that Wisconsin, Utah and California. I live in Moore County. My Congressman is Howard Coble, my State Sen

You know what they say about blind squirrels,


No matter that patriotism is too often the refuge of scoundrels. Dissent, rebellion, and all-around hell-raising remain the true duty of patriots.

i think

a seeing eye dog would work out poorly for most squirrels. just a theory though.

"Keep the Faith"

It's not that he's evil

Just that he holds some ridiculous views. But you can find common ground with anyone if you look for it long enough. (I hear Hitler was wonderful to his dogs.)