Action Alert # 13 -- Urgent--Pryor Nomination in Senate (Federal)


History:

There is disturbing news from our nation’s capitol regarding judicial nominations. Many of you may already have this information and have acted upon it. Yet, for those who are unaware, Jeffrey Sutton’s nomination to the Sixth Circuit Court of Appeals has moved from committee and is scheduled for a confirmation vote in the full Senate at 1:00 p.m. CST on April 29, 2003. The House and Senate began their two-week recess on April 14. Thus, there will only be one day of actual debate on his confirmation, and that will be April 28.

This means there is very little time to contact Senators Durbin and Fitzgerald—and any other senators you may wish to call, email, or write--to voice our opposition to Sutton’s confirmation. With the full intent of not impugning the man’s character, his stance on various civil rights issues needs to be made clear. He has made his displeasure with the Americans with Disabilities Act (ADA) quite evident. He has been extremely vocal with his position that the ADA should have been a constitutional amendment as opposed to a national law.

His “Federalist” attitude is very apparent in the cases he has tried before the Supreme Court, in his speeches, and in his interviews. Mr. Sutton has made it quite clear that he believes that individual states, and not the federal government, should be responsible for enforcing any disability discrimination laws. This would leave the ADA impotent and allow the states to define and impose disability discrimination laws at their discretion.

Mr. Sutton argued the Garrett case before the Supreme Court, and the Court decided in favor of his client. Because of the Garrett decision, state employees are not allowed to sue for discrimination under Title I of the ADA. Mr. Sutton has argued, if only informally, against other laws and programs, including Medicaid, the Rehabilitation Act, and the Individuals with Disabilities Education Act (IDEA).

Further, more than 400 national and international disability and civil rights groups oppose Mr. Sutton’s nomination. These include groups and organizations representing women, minorities, and the aging population. This diversity in opposition to Sutton shows there is concern on many fronts.

It is also worth noting that the Supreme Court hears only a fraction of the cases on which the Appeals Courts make a ruling. Mr. Sutton, if confirmed, would have a lifetime appointment and, thereby, could render decisions that would have a long-term impact on issues that impact all Americans. The concern of the disability community in Illinois and nationwide is that those decisions would have a very negative impact on the lives of people with disabilities.

Actions Needed:

There is little time left to convince senators of our concerns. Monday, April 28, and Tuesday, April 29, are national call-in days in Washington, D.C. You need to call, email, or fax Senators Durbin and Fitzgerald, and tell them to vote against the confirmation. It is especially important to contact Fitzgerald, as Durbin is already extremely likely to vote against Sutton. The official call-in time is between 8:00 a.m. and 10:00 a.m. CST. However, make as many efforts as possible between now and the time of the vote, which is Tuesday, April 29, at 1:00 p.m. CST.

You can also contact other Senators, including Orrin Hatch and Dianne Feinstein. Mr. Hatch is the chair of the Senate Judiciary Committee and a Senator who has touted his involvement in passing the ADA. Ms. Feinstein is the only Democrat in the Committee to vote for Sutton’s nomination.

Some contact information is listed below. You can find numbers and email addresses of all Senators at www.senate.gov or by calling (202) 224-3121. Time is short. Make your voices heard now. Remember, this is a lifetime appointment that cannot be changed in four years.

Senator Peter Fitzgerald
555 Dirksen Senate Office Building
Washington, DC 20510
(202) 224-2854
Email: http://fitzgerald.senate.gov/contact/contact_email.htm

Chicago Office
230 S. Dearborn #3900
Chicago, IL 60604
(312) 886-3506

Central Illinois Office
520 S. Eighth Street
Springfield, IL 62703
(217) 492-5089

Senator Richard Durbin
332 Dirksen Senate Office Building
Washington, DC 20510
(202) 224-2152
TTY (202) 224-8180
Fax (202) 228-0400
Email: dick@durbin.senate.gov

Chicago Office
Kluczynski Building 38th Floor
230 South Dearborn
Chicago, IL 60604
(312) 353-4952
Fax (312) 353-0150

Springfield Office
525 South Eighth St.
Springfield, IL 62703
(217) 492-4062
Fax (217) 492-4382

Senator Orrin Hatch
104 Hart Office Building
Washington, DC 20510
Tel: (202) 224-5251
Fax: (202) 224-6331
Email: http://www.senate.gov/~hatch/index.cfm?FuseAction=Offices.Contact

Senator Dianne Feinstein
331 Hart Senate Office Building
Washington, DC 20510
Phone: (202) 224-3841
Fax: (202) 228-3954
TTY/TDD: (202) 224-2501
Email: http://feinstein.senate.gov/email.html

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