President Bush has evidently given up on any outside chance that the Democrat-dominated U.S. Senate will confirm U.S. District Judge Terry Boyle of Elizabeth City to the U.S. Court of Appeals in Richmond.
That’s too bad. Boyle is – in my opinion, anyway – a good judge who works hard, masters the facts, knows the law and is eminently fair. I don’t know what else you’d want in a federal judge, unless it’s someone who always agrees with what you think should be done, but I don’t know of anyone who fills that bill.
McClatchy Newspapers’ Barbara Barrett, Washington correspondent for The News & Observer, had a story in Wednesday’s paper that the president was not re-nominating four candidates for judgeships, including Boyle. Three of them withdrew; Boyle did not because, as he told Barrett, he’s not quitting. But he does recognize the reality that he won’t get confirmed. If he couldn’t win confirmation when his fellow Republicans controlled the Senate, he wasn’t likely to be confirmed after Democrats took over, he told Barrett.
This is really a shame. The 4th Circuit Court of Appeals only has one judge from North Carolina. Years ago, a political game of one-downsmanship has developed between Republicans and Democrats and kept good candidates like Boyle off the Court of Appeals. I’ve spent enough time in his courtroom to recognize that his work ethic, command of the case and no-nonsense temperament would be ideal for the appellate courts.
But the good news is that Boyle gets to remain a U.S. district judge for the Eastern District for as long as he cares to work. That might be small consolation to Boyle and his supporters, but for those who admire the way he runs his courtroom, it’s good to know he’ll still be on the bench.
Wednesday, January 10, 2007
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4 comments:
Judge Terrence Boyle’s record clearly fails to demonstrate either a “masters the facts, ,” or "knows the law".
He does not show a commitment to protecting the rights of ordinary Americans and to the progress made on civil rights, women’s rights, and individual liberties, or a respect for the constitutional role Congress plays in promoting these rights.
To the contrary, Boyle has an extremely troubling record of reversals, far worse than the average district court judge and other Bush nominees. That record, which his recent answers to the Senate Judiciary Committee apparently attempt to obscure, includes numerous reversals for “plain error” and for repeating the same mistake in multiple cases.
Boyle has been reversed even by the conservative Fourth Circuit in a number of civil rights cases. He has actively promoted an extreme philosophy that would eliminate protections against improper discrimination by state agencies on grounds of race and disability. He has shown a disregard for victims of discrimination based on race, gender, and disability that is so extreme that he improperly refused even to enter a consent decree to remedy such discrimination in one state-wide case. He has improperly tried to invalidate redistricting plans and campaign finance laws, drawing reversals from conservative judges including even Justice Clarence Thomas.
As troubling as many of the President’s appellate court nominations have been, Boyle’s nomination is among the worst. His nomination should be rejected.
I understand anonymous' points because they have been regurgitated time and time again by partisans.
The fact is this Judge has many cases with which to cherry pick, but consistently he is open minded and thoughtful with his rulings.
Too bad that independent jurists can be framed as narrow minded, right wing idealogues in this fractured climate.
Lets face it BUSH is in trouble with the congress now being all Democrat; His only way out is to get rid of the FUROR tactic and give the Old Barbeque charm; Hey , lets all come to my house " the white house that is " for a TEXIN Barbaque. Whad ya sa Nancy Pelosi , why ill even bring the dental floos for those big CAPPED TEETH ya got.Lets all go ta my ranch and have a tequila or what ever ya like pardner. thats the way you get to the Democrats through their stomachs.
"Too bad that independent jurists can be framed as narrow minded, right wing idealogues in this fractured climate."
I am sorry, but independence is not one of the qualifications I would like to see on the 4th Circuit Court of Appeals.
Also,I would truly not consider Judge Boyle as narrow minded.
It appears to still be an unresolved issue regarding Federalist jurisdiction over States right to adminstister its citizenry where Judge Boyle has been expanding the debate. Truly broadminded actions.
I surely was not wanting this discussion to go partisan, nor do I care what "wing" he ideals. But, I guess it was me who brought
in the the term "conservative" regarding the existing 4th Circuit.
We do have a Constitution, and a Bill of Rights, and, as they are writen, should determine his rulings. These interpretations which limit Federal jurisdiction should be determined by the Congressional law makers and the Supreme courts. Judge Boyles seems to be of a mind whereby these rulings may be interpreted on the bench.
I do agree, it is ashame we have such a fractured climate. What's up with that?
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