Terrence Boyle
Encyclopedia
Terrence William Boyle is a judge
on the United States District Court for the Eastern District of North Carolina
. He was Chief Judge of that court from 1997-2004. From 1991 to 1993 and again from 2001 to 2007, he was a nominee to the United States Court of Appeals for the Fourth Circuit
. His federal appellate nomination from 2001 to 2007 is the longest in history not to be acted upon by the United States Senate
.
in 1967 and a J.D. from the Washington College of Law
at American University
in 1970. From 1970 to 1973, he was the minority counsel of the Housing Subcommittee of the U.S. House of Representatives Committee on Banking and Currency
.
In 1973, he was a legislative assistant to Republican Senator Jesse Helms
of North Carolina
.
He was appointed to the United States District Court for the Eastern District of North Carolina
by President Ronald Reagan
on May 3, 1984 following unanimous confirmation by the United States Senate
.
to a newly created seat on the United States Court of Appeals for the Fourth Circuit
. However, his nomination was not acted upon by a Senate controlled by the Democrats. His nomination was allowed to lapse at the end of Bush's presidency.
, an African American judge on the U.S. District Court for the Middle District of North Carolina, to a Fourth Circuit seat vacated by Judge James Dickson Phillips, Jr.
in 1994 when he took senior status
. Almost immediately, Beaty's nomination ran into opposition from Jesse Helms
, who was angry that Clinton had refused to renominate Boyle to the Fourth Circuit.
The U.S. Senate Judiciary Committee did not hold a hearing or a vote on Beaty's Fourth Circuit nomination during 1996. Clinton renominated Beaty in 1997, but Helms then announced that the court had a light caseload and did not need any more judges. Helms and the Fourth Circuit's Chief Judge at the time, James Harvie Wilkinson III
, even lobbied Congress to leave the seat vacant on the grounds that the seat was not needed. In addition, Beaty was accused of being an activist judge because while sitting as a visiting judge on a Fourth Circuit panel in 1995, he concurred in a decision overturning the murder conviction of Timothy Scott Sherman of Hickory, Maryland because one juror had visited the crime scene, according to a February 1999 article in the ABA Journal. Beaty would have been the first African-American judge on the Fourth Circuit.
As a result of Helms' opposition, Beaty's nomination again did not receive a hearing before the U.S. Senate Judiciary Committee during 1997 or 1998. Clinton elected not to renominate Beaty to the Fourth Circuit in 1999. Ultimately, Beaty's nomination languished for more than 1,000 days, making it one of the longest appeals-court nominations in U.S. history never to be acted on by the U.S. Senate.
On August 5, 1999, President Bill Clinton
nominated Judge James A. Wynn, Jr.
, an African American judge on the North Carolina Court of Appeals
, to replace Beaty as his nominee for the open North Carolina seat on the United States Court of Appeals for the Fourth Circuit
.
Wynn's nomination also never received a hearing from the U.S. Senate Judiciary Committee or received a full vote from the U.S. Senate due to the resistance of Sen. Jesse Helms
, who used his previous claim that the court did not need any more judges as his justification.
Clinton renominated Wynn to the Fourth Circuit on January 3, 2001, but his nomination was returned by President Bush on March 20, 2001.
to the Fourth Circuit, this time to the seat vacated by James Dickson Phillips, Jr.
. His nomination was never brought to a vote on the floor of the Senate. For over five years, the nomination was stalled. Boyle's nomination is the longest federal appeals court nomination never given a full Senate vote.
His nomination was adamantly opposed by Democrats from the beginning. Former North Carolina
Democrat and Vice Presidential candidate John Edwards
claimed Boyle was an opponent of civil rights
and disabilities legislation. Boyle's supporters viewed Boyle as the victim of political payback and obstruction because of his ties to Helms
, who had derailed several judicial nominations by President Bill Clinton
because of Boyle.
In March 2005, following Bush's re-election
and an increased Republican Senate majority, the Senate Judiciary Committee gave Boyle a hearing almost a full four years after his nomination. On June 16, 2005, Boyle was voted out of Committee on a 10-8 party line vote.
In April 2006, Senate Majority Leader Bill Frist
said he would try to schedule a vote in May on the nomination of Boyle. No vote occurred however. With the Democrats taking over the U.S. Senate in the 110th Congress, Boyle's confirmation chances markedly decreased. On January 9, 2007, the White House announced that it would not re-nominate Boyle. At the time, Boyle clearly stated he did not voluntarily withdraw his nomination.
On July 17, 2007, President George W. Bush
nominated U.S. District Court Judge Robert J. Conrad
, to the seat vacated by James Dickson Phillips, Jr.
.
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
on the United States District Court for the Eastern District of North Carolina
United States District Court for the Eastern District of North Carolina
The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...
. He was Chief Judge of that court from 1997-2004. From 1991 to 1993 and again from 2001 to 2007, he was a nominee to the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. His federal appellate nomination from 2001 to 2007 is the longest in history not to be acted upon by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Background
Boyle received a B.A. from Brown UniversityBrown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
in 1967 and a J.D. from the Washington College of Law
Washington College of Law
American University Washington College of Law is the law school of American University. It is located on Massachusetts Avenue in the Spring Valley neighborhood of northwest Washington. WCL is ranked 50th among law schools by US News and World Report...
at American University
American University
American University is a private, Methodist, liberal arts, and research university in Washington, D.C. The university was chartered by an Act of Congress on December 5, 1892 as "The American University", which was approved by President Benjamin Harrison on February 24, 1893...
in 1970. From 1970 to 1973, he was the minority counsel of the Housing Subcommittee of the U.S. House of Representatives Committee on Banking and Currency
United States House Committee on Financial Services
The United States House Committee on Financial Services is the committee of the United States House of Representatives that oversees the entire financial services industry, including the securities, insurance, banking, and housing industries...
.
In 1973, he was a legislative assistant to Republican Senator Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
of North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
.
He was appointed to the United States District Court for the Eastern District of North Carolina
United States District Court for the Eastern District of North Carolina
The United States District Court for the Eastern District of North Carolina is the United States District Court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Carolina are taken to the United States Court of Appeals for the Fourth Circuit The...
by President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
on May 3, 1984 following unanimous confirmation by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
First Fourth Circuit nomination
On October 22, 1991, Boyle was nominated by President George H. W. BushGeorge H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
to a newly created seat on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
. However, his nomination was not acted upon by a Senate controlled by the Democrats. His nomination was allowed to lapse at the end of Bush's presidency.
Fourth Circuit controversy over North Carolina seat under Clinton
On December 24, 1995, in the hope of integrating the Fourth Circuit, President Bill Clinton nominated James A. Beaty, Jr.James A. Beaty, Jr.
James A. Beaty, Jr. is a United States federal judge serving on the U.S. District Court for the Middle District of North Carolina, and a former nominee to the U.S. Court of Appeals for the Fourth Circuit....
, an African American judge on the U.S. District Court for the Middle District of North Carolina, to a Fourth Circuit seat vacated by Judge James Dickson Phillips, Jr.
James Dickson Phillips, Jr.
James Dickson Phillips, Jr. is a senior federal judge on the United States Court of Appeals for the Fourth Circuit.-Early life and education:...
in 1994 when he took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. Almost immediately, Beaty's nomination ran into opposition from Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
, who was angry that Clinton had refused to renominate Boyle to the Fourth Circuit.
The U.S. Senate Judiciary Committee did not hold a hearing or a vote on Beaty's Fourth Circuit nomination during 1996. Clinton renominated Beaty in 1997, but Helms then announced that the court had a light caseload and did not need any more judges. Helms and the Fourth Circuit's Chief Judge at the time, James Harvie Wilkinson III
James Harvie Wilkinson III
James Harvie Wilkinson III is a federal judge serving on the Fourth Circuit Court of Appeals. His name has been raised at several junctures in the past as a possible nominee to the United States Supreme Court.-Early life and career:...
, even lobbied Congress to leave the seat vacant on the grounds that the seat was not needed. In addition, Beaty was accused of being an activist judge because while sitting as a visiting judge on a Fourth Circuit panel in 1995, he concurred in a decision overturning the murder conviction of Timothy Scott Sherman of Hickory, Maryland because one juror had visited the crime scene, according to a February 1999 article in the ABA Journal. Beaty would have been the first African-American judge on the Fourth Circuit.
As a result of Helms' opposition, Beaty's nomination again did not receive a hearing before the U.S. Senate Judiciary Committee during 1997 or 1998. Clinton elected not to renominate Beaty to the Fourth Circuit in 1999. Ultimately, Beaty's nomination languished for more than 1,000 days, making it one of the longest appeals-court nominations in U.S. history never to be acted on by the U.S. Senate.
On August 5, 1999, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated Judge James A. Wynn, Jr.
James A. Wynn, Jr.
James Andrew Wynn, Jr. is an American jurist, currently a judge on the U.S. Court of Appeals for the Fourth Circuit and formerly on both the North Carolina Court of Appeals and the North Carolina Supreme Court....
, an African American judge on the North Carolina Court of Appeals
North Carolina Court of Appeals
The North Carolina Court of Appeals is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating groups of three...
, to replace Beaty as his nominee for the open North Carolina seat on the United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
.
Wynn's nomination also never received a hearing from the U.S. Senate Judiciary Committee or received a full vote from the U.S. Senate due to the resistance of Sen. Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
, who used his previous claim that the court did not need any more judges as his justification.
Clinton renominated Wynn to the Fourth Circuit on January 3, 2001, but his nomination was returned by President Bush on March 20, 2001.
Second Fourth Circuit nomination and controversy
On May 9, 2001, Boyle was renominated by President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to the Fourth Circuit, this time to the seat vacated by James Dickson Phillips, Jr.
James Dickson Phillips, Jr.
James Dickson Phillips, Jr. is a senior federal judge on the United States Court of Appeals for the Fourth Circuit.-Early life and education:...
. His nomination was never brought to a vote on the floor of the Senate. For over five years, the nomination was stalled. Boyle's nomination is the longest federal appeals court nomination never given a full Senate vote.
His nomination was adamantly opposed by Democrats from the beginning. Former North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
Democrat and Vice Presidential candidate John Edwards
John Edwards
Johnny Reid "John" Edwards is an American politician, who served as a U.S. Senator from North Carolina. He was the Democratic nominee for Vice President in 2004, and was a candidate for the Democratic presidential nomination in 2004 and 2008.He defeated incumbent Republican Lauch Faircloth in...
claimed Boyle was an opponent of civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and disabilities legislation. Boyle's supporters viewed Boyle as the victim of political payback and obstruction because of his ties to Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
, who had derailed several judicial nominations by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
because of Boyle.
In March 2005, following Bush's re-election
United States presidential election, 2004
The United States presidential election of 2004 was the United States' 55th quadrennial presidential election. It was held on Tuesday, November 2, 2004. Republican Party candidate and incumbent President George W. Bush defeated Democratic Party candidate John Kerry, the then-junior U.S. Senator...
and an increased Republican Senate majority, the Senate Judiciary Committee gave Boyle a hearing almost a full four years after his nomination. On June 16, 2005, Boyle was voted out of Committee on a 10-8 party line vote.
In April 2006, Senate Majority Leader Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
said he would try to schedule a vote in May on the nomination of Boyle. No vote occurred however. With the Democrats taking over the U.S. Senate in the 110th Congress, Boyle's confirmation chances markedly decreased. On January 9, 2007, the White House announced that it would not re-nominate Boyle. At the time, Boyle clearly stated he did not voluntarily withdraw his nomination.
On July 17, 2007, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
nominated U.S. District Court Judge Robert J. Conrad
Robert J. Conrad
Robert James Conrad, Jr. is a federal judge on the United States District Court for the Western District of North Carolina and a former nominee to the United States Court of Appeals for the Fourth Circuit to take the place of the retired James Dickson Phillips, Jr...
, to the seat vacated by James Dickson Phillips, Jr.
James Dickson Phillips, Jr.
James Dickson Phillips, Jr. is a senior federal judge on the United States Court of Appeals for the Fourth Circuit.-Early life and education:...
.
See also
- George H.W. Bush judicial appointment controversies
- George W. Bush judicial appointment controversiesGeorge W. Bush judicial appointment controversiesDuring President George W. Bush's two term tenure in office, he nominated thirty-nine people for twenty-seven different federal appellate judgeships that were blocked by the Senate Democrats either directly in the Senate Judiciary Committee or on the full Senate floor using a filibuster....
External links
- U.S. Department of Justice Profile
- "Controversial Bush judge broke ethics law", Will Evans, Salon.comSalon.comSalon.com, part of Salon Media Group , often just called Salon, is an online liberal magazine, with content updated each weekday. Salon was founded by David Talbot and launched on November 20, 1995. It was the internet's first online-only commercial publication. The magazine focuses on U.S...
, July 6, 2006 - Power Line Blog Supporting Boyle, June 17, 2005
- Center for American Progress Press Release Opposing Boyle, March 4, 2005
- "Four Judicial Nominees Ask to Withdraw", New York Times, Jan. 9, 2007