Terrence Boyle Nomination Fact Sheet

April 20, 2005

The 4th Circuit Court of Appeals has more African Americans within its jurisdiction than any other circuit in the country, and has one of the fastest growing Latino populations. The 4th Circuit Court of Appeals is effectively the court of last resort for the people of North Carolina, South Carolina, Virginia, West Virginia, and Maryland.
As a District Court Judge, Boyle has repeatedly promoted "states' rights" at the expense of individuals' federally protected civil rights. In one case, United States v. North Carolina, Judge Boyle found that the state could discriminate against women because federal anti-discrimination laws conflicted with North Carolina's "culture." The Supreme Court overturned his ruling.
Judge Boyle has an established record of denying civil rights protections. He has attacked Title VII of the Civil Rights Act of 1964, which protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex, and religion. In one such case, Ellis v. State of North Carolina, Judge Boyle invoked sovereign immunity, ruling that an African American plaintiff could not sue the state for discrimination. He was overruled by the Fourth Circuit.
The vast majority of Boyle's District Court opinions have not been made public. Judge Boyle has thousands of unpublished opinions. In his latest Judiciary Committee Questionnaire, dated January 2003, Judge Boyle estimated that he had decided between 11,000 and 12,000 district court cases yet fewer than 400 of those opinions have been published.
Judge Boyle has the worst reversal rate of all of President Bush's nominees. Judge Boyle's decisions have been repeatedly reversed for committing "plain error" and other fundamental legal mistakes. The Fourth Circuit Court of Appeals - the very court to which Boyle has been nominated - has reversed his rulings more than 150 times, twice the rate of an average judge.
Terrence Boyle is a protégé of former Senator Jesse Helms. It was former Senator Helms who first recommended Boyle to President Reagan, citing his shared conservative ideology, and it was Senator Helms who shepherded Boyle's District Court nomination.