N.C. judge's future part of national debate

A vote on the nomination of an N.C. judge to the 4th Circuit U.S. Court of Appeals could spark trouble on the floor of the Senate.

The Senate Judiciary Committee will vote today on the nomination of conservative Terrence Boyle to the federal bench.

But Boyle, a judge for the eastern district of North Carolina, could be blocked in the Senate by a filibuster. Democrats already have attempted to block seven of President Bush’s nominees using the tactic, which essentially allows a senator to stop the chamber’s action, provided that at least 39 of his colleagues agree.

The conflict over Boyle’s nomination is part of a larger one dealing with the use of the filibuster in the Senate. Republicans have considered changing chamber rules to prevent filibusters on judiciary nominees.

But Senate Minority Leader Harry Reid, D-Nevada, issued a statement justifying the use of the filibuster in Boyle’s case.

“Democrats have confirmed 95 percent of the president’s judicial nominees,” he said. “The 10 that were denied confirmation lack a commitment to the fundamental rights and liberties we hold so dear.”

Marshall Manson, vice president of public affairs for the Center for Individual Freedom, a conservative think tank, said he wants to see the end of deliberate obstruction of judicial nominations based on ideology.

“We feel that all judicial nominees deserve a fair and simple up or down vote on the floor of the Senate,” he said. “I would like to think that by taking these steps, we are restoring some of the good will that has been lost.”

Opponents of his nomination believe his rulings undermine certain rights guaranteed to U.S. citizens, especially women, the disabled and minorities.

Nancy Zirkin, deputy director of the Leadership Conference on Civil Rights, said Boyle’s appointment could devastate the black and Latino communities.

“(Boyle) has demonstrated a sustained hostility to civil rights,” she said. “The 4th Circuit has more African Americans living within its boundaries than any other appellate circuit. It also has one of the fastest growing Latino populations. The people deserve better judicial representation.”

But supporters claim this view to be a misinterpretation of Boyle’s rulings. In a statement April 20, U.S. Sen. Richard Burr, R-N.C., said Boyle could help the state gain power on the national appellate level.

“North Carolina is chronically underrepresented — or not represented at all — at the circuit court level,” he said. “The people of eastern North Carolina and, indeed, all North Carolinians, deserve another voice on the 4th Circuit.”

Legislators from both sides can agree to wanting a quick, quiet solution to the problem so the focus can shift to more pressing issues.

Reid said in a statement that he hopes the two parties can break the divisive “partisan stalemate.”

While they do not share similar strategies, Republicans seem to agree.

“We should put aside the grievances that have prevented the consideration of judges and work together to find a solution,” Burr said in his statement.

Contact the State & National Editor at stntdesk@unc.edu.