AAPD opposed one of President Bush's nominees to the Sixth Circuit Court of Appeals, Jeffrey Sutton
January 3, 2003

The Honorable George W. Bush
The White House
Washington, DC 20500

Dear President Bush:

On behalf of the American Association of People with Disabilities (AAPD), I write respectfully to urge you not to renominate Jeffrey Sutton to the Sixth U.S. Circuit Court of Appeals when the new Congress assembles next week. Jeffrey Sutton's activist efforts to limit Congressional authority in the area of disability rights has undermined your father's legacy as the signer of the Americans with Disabilities Act (ADA) and represents a real threat to the civil and human rights of all Americans.

In Garrett v. University of Alabama, Mr. Sutton argued successfully that Congress did not have the authority under the Constitution to apply the ADA to States in employment discrimination suits for damages. He argued that unnecessary institutionalization should not be a violation of the ADA in the L.C. v. Olmstead case, but thankfully the Supreme Court declined to follow his lead in that case.

Mr. President, you have repeatedly indicated your support for the ADA. You have signed an executive order calling for widespread and coordinated implementation of the Olmstead decision throughout your Administration. You have promoted a New Freedom Initiative with the goals of opening opportunities and removing barriers to full participation for the more than 50 million Americans with disabilities. Why, then, elevate someone to a lifetime appointment to a federal appeals court whose view of the Constitution will erect new barriers for Americans with disabilities seeking to assert their rights in federal court?

Since you nominated Jeffrey Sutton in May of 2001, AAPD has joined literally hundreds of national, state and local disability organizations to oppose his appointment. It is unprecedented for our community to speak out so loudly in opposition to a judicial nominee, and we do so because we are convinced that his extreme views represent a real threat to our civil rights. Please honor your commitment to a strong ADA and refrain from renominating Mr. Sutton to a federal judgeship. Please listen to the strong protests of your constituents with disabilities and put forward candidates who understand the importance of Congress's ability to remedy this nation's abysmal history of exclusion, segregation, sterilization, institutionalization and impoverishment of its citizens with disabilities.

Mr. President, we need your leadership to help us stem a tide of activist court decisions that are weakening the Constitutional underpinnings of disability rights laws and threatening your agenda on behalf of Americans with disabilities. Having ridden that tide to national prominence, Jeffrey Sutton does not deserve your support.

Sincerely yours,

Andrew J. Imparato
President and CEO
American Association of People with Disabilities

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