Friday, May 1, 2009

Disability groups oppose Fourth Circuit judge appointment

From an ADA Watch press release:

WASHINGTON -- A national nonpartisan coalition of disability, civil rights and social justice organizations April 30 announced their opposition to the confirmation of Judge Andre Davis (pictured), President Obama's pick for a lifetime seat on the United States Court of Appeals for the Fourth Circuit.

ADA Watch and the National Coalition for Disability Rights (NCDR) are opposing Davis because his record as a district court judge in Maryland reveals a bias against workers with disabilities.

The group stated that the Americans with Disabilities Act (ADA) is critical to the efforts of people with disabilities to obtain and maintain employment and to become fully participating members of their communities.

The organization's president, Jim Ward joined other leaders at the White House last week and informed the Administration of their opposition. Ward stated April 30, "The current leadership in Congress and the White House have promised to select judicial nominees who understand the challenges facing working Americans and who are committed to core value of equal justice. We believe that in the area of disability rights this nominee's record does not meet these baseline criteria and, therefore, we are opposed to Judge Davis's elevation to the Fourth Circuit and will mobilize our membership in this regard."

Judge Davis has repeatedly imposed inappropriately stringent standards that have prevented individuals with disabilities from enforcing rights under federal anti-discrimination laws, particularly in the area of employment.


  • He has made it exceedingly difficult for people to show that they are individuals with disabilities entitled to the protections that Congress provided in the ADA.

  • He has incorrectly imposed procedural hurdles on ADA plaintiffs that are contrary to the ADA's requirements.

  • He has applied cramped interpretations of law to reject the discrimination claims of workers with disabilities.

Supporting research can be found at http://www.adawatch.org/