Subject:
Senate Confirms Sutton, 52-41
Date:
Tue, 29 Apr 2003 16:56:56 -0400
From:
Justice For All Moderator <jfa@...
Organization:
Justice For All E-Mail Network
To:
justice@...
"Senate Confirms Sutton, 52-41"
This afternoon the Senate narrowly (52-41, with seven
Senators not voting) confirmed President Bush's nomination
of Jeffrey Sutton to the Sixth Circuit Court of Appeals.
Although the disability community "lost" the final vote,
the closeness of the vote is a sign that our message was
heard.
The vote reflects a deep partisan divide. Every single
voting Republican voted FOR the confirmation of Sutton.
All but two voting Democrats -- Nelson (NE) and Feinstein
(CA) -- voted AGAINST Sutton's confirmation. (Six
Democrats and one Republican did not vote.)
If your Senator(s) voted NO on Sutton, please contact them
and thank them for supporting the ADA and civil rights. If
your Senator(s) voted YES on Sutton, please contact them
and tell them that you think they cast the wrong vote.
Use your call or letter as an opportunity to educate your
Senators about the importance of the ADA.
Below please find an AP story about the vote, a breakdown
of Senators' votes, and Senator Leahy's pre-vote statement
on Sutton.
Many thanks to all of the individuals and organizations who
have organized and supported the Stop Sutton! campaign and
to the Senators who supported the campaign within the
Senate. It was a battle well fought.
Jonathan Young
JFA Editor, AAPD
=============================================
Senate OKs Bush Appeals Court Nominee
By JESSE J. HOLLAND
.c The Associated Press
WASHINGTON (AP) - The Senate on Tuesday approved a former
Ohio solicitor general for a seat on the U.S. Appeals Court
despite protests from disabled persons who say Jeff Sutton
worked to curtail their rights.
By a 52-41 vote, Sutton was approved for the 6th U.S.
Circuit Court of Appeals in Cincinnati, which handles
appeals from Ohio, Kentucky, Tennessee and Michigan.
The vote came after about 150 disabled activists crowded
into a room at the U.S. Capitol and urged lawmakers to vote
against Sutton.
``I need you out there reminding every senator who you see
... a vote for Jeffrey Sutton is a vote to undo the
Americans with Disability Act,'' Sen. Tom Harkin, D-Iowa,
told the cheering crowd.
Sutton's supporters say he is well qualified.
People who question Sutton ``will no doubt attest to Mr.
Sutton's keen intellect, his even temperament and the depth
of his legal knowledge,'' said Sen. Mike DeWine, R-Ohio.
``These attributes demonstrate why Jeffrey Sutton is one of
the finest appellate lawyers in the United States today and
why he will be an excellent federal judge.''
Democratic senators have criticized Sutton for attempts to
limit federal civil rights protections and to gut or weaken
protections for state employees with disabilities and older
workers.
The Columbus, Ohio, lawyer argued successfully in a Supreme
Court case in 2000 that Congress exceeded its authority by
permitting state workers to sue their states under the
Americans With Disabilities Act.
Sutton told the Senate Judiciary Committee at his January
confirmation hearing that he would be fair as a judge and
asked them not to hold his previous work as a lawyer
against him.
``I'm trying very hard to show you that I would be an
objective judge and that the client I would have is ... the
rule of law, not a former client," he said then.
Senate Majority Leader Bill Frist, R-Tenn., also announced
that he will try ``sometime this week or next'' to force a
confirmation vote on Priscilla Owen, a Texas judge who
wants a seat on the 5th U.S. Circuit Court of Appeals in
New Orleans.
Democrats have called her an anti-abortion, pro-business
judicial activist whose opinions and rulings are overly
influenced by her personal beliefs. They have not said
whether they will try to block Owen's confirmation.
On the Net:
Justice Department biography of Sutton:
http://www.usdoj.gov/olp/sutton.htm
=======================
Statement of Senator Patrick Leahy
On the Nomination Of Jeffrey S. Sutton
To The U.S. Court Of Appeals For The Sixth Circuit
April 29, 2003
Today we are going to vote on the nomination of Jeffrey
Sutton to the U.S. Court of Appeals for the Sixth
Circuit. Yesterday I spoke about some of my concerns, but
I want to again discuss my serious concerns with this
nominee.
Mr. Sutton has a legal philosophy focused on limiting
Congress' historic role in protecting the civil and
constitutional rights of all Americans. He has led an
aggressive campaign to dismantle long-standing federal
laws, enacted with bipartisan support, that have made this
country more inclusive over the last half-century, and to
close access to the federal courts for people challenging
illegal acts by their state governments.
As a lawyer in private practice, he has aggressively sought
out cases to limit the power of Congress to enact laws
protecting individual rights, and he has been dismissive of
congressional findings and hearings supporting important
federal laws. He has sought to weaken, among other
laws, the Americans with Disabilities Act, the Age
Discrimination in Employment Act, the Violence Against
Women Act, and the Religious Freedom Restoration Act. He
has also sought to limit the ability of Medicaid recipients
to enforce their rights and the ability of individuals to
enforce disparate impact regulations under Title VI of
the Civil Rights Act. In essence, he has argued for the
Supreme Court to repudiate more than 25 years of legal
precedents that permitted individuals to sue states when
they violate federal civil rights regulations. His extreme
judicial philosophy would undermine the rights of state
workers, disabled individuals, women, children, racial and
ethnic minorities, and older Americans.
Mr. Sutton and his supporters have claimed that he was
merely acting on behalf of his clients in all these cases,
but this claim is unconvincing. Mr. Sutton had no
obligation to participate in any of the cases taken after
he left the Ohio State Solicitor's office in 1998. In
fact, he has admitted that he sought out cases curtailing
congressional power as a private lawyer and that he is on
the "lookout" for these cases. He has aggressively pursued
a national role as the leading advocate of his concept of
"states' rights" and, as my colleagues have noted, he has
made clear in his own statements that his advocacy on the
principles of federalism is something that he believes in.
He has made statements praising many of the Supreme Court's
decisions undermining Congress' authority to protect and
assist citizens, and in his personal writings and speeches
he has advocated an even narrower view of Congress'
role. Perhaps most significantly, Mr. Sutton has taken not
a single case that supports congressional power to enact
laws protecting civil and individual rights. In each case
that he has argued before the Supreme Court, he has always
been on the same side of this issue -- arguing that
individuals have no right to enforce