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March 4, 2005
A Boyle on the Fourth Circuit

One of the wackos President Bush has renominated for a judicial appointment is Terry Boyle of North Carolina, for the Fourth Circuit.

Bush says this guy is "vitally needed" on the Fourth Circuit.

Judge Boyle -- Judge Terry Boyle of North Carolina has waited for a vote since May of 2001. And there's no reason why this good man should have been kept waiting for so long. He's an exceptional candidate for the appeals court. He was appointed to the district court in 1984 by President Ronald Reagan, and has spent the last seven years as Chief Judge of the Eastern District of North Carolina. He'd make a superb addition to the 4th Circuit Court of Appeals, and he is vitally needed on that court.

White House

Which is weird because the Fourth Circuit has reversed Boyle's District Court decisions 150 times for errors in judgment and fundamental legal mistakes.

He's opposed by countless major legal organizations, has been reversed by just about every high court in the land - including several times by the Supreme Court (pdf) - and once argued that North Carolina should be exempt from federal anti-discrimination laws regarding women because such laws violated the state's "culture."

From his decision in that case...

Our federal form of government prohibits finding any particular state to be guilty of having violated some federal law because its statistical abstract does not conform to what might be found in other states . . . Our form of government presumes that people in different states will act differently. Nothing is more offensive to the idea of federalism than the notion that the federal government will punish a state for having a non-conforming culture -–for being different from other states . . .

Quite the contrary, federal law owes its existence to North Carolina's absolute right to turn out differently than the other forty-nine states. The Constitution by which the original sovereigns, including North Carolina, created the federal government was ratified only on the understanding that a Bill of Rights would be adopted acknowledging the states' and their peoples' retention of sovereignty in all matters not explicitly ceded to the national government . . . It is most emphatically not the purpose of federal law to impose a uniformity of cultural outcome upon the individual states.

People for the American Way

Nice. So his interpretation of states' rights is that it is the right of every state to discriminate against whomsoever it chooses, if that is it's culture. We wouldn't want every state to be the same, would we? Who would want to live in a country where everyone was treated equally, everywhere? That's like, totally commie, man.

In summary, if anyone cares, I completely oppose this asshole going anywhere near a courtroom every again. He should be so lucky as to pump my gas.

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