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Saturday, April 26, 2003

Opposition swells against Ohio judge nominee



By Malia Rulon
The Associated Press

WASHINGTON - Civil-rights groups, activists for the disabled and now environmentalists are campaigning to derail the nomination of Ohio lawyer Jeffrey Sutton to the 6th U.S. Circuit Court of Appeals in Cincinnati.

The Senate is planning to vote on Sutton's nomination Tuesday, and opponents have scheduled a flurry of last-minute protests and lobbying efforts Monday and Tuesday.

"We're pulling out the stops," said Brian Komar of the Leadership Conference on Civil Rights. "Sutton has not received as much attention as many feel his nomination deserves."

Disabled- and civil-rights groups have been outspoken against Sutton's nomination for two years, saying he has spent a career working to weaken federal civil rights protections, including the Americans with Disabilities Act.

"People are just now starting to hear the message and look at Sutton's activism," said Jim Ward, coordinator of ADA Watch, a coalition of disabled-rights groups around the country. "The key will be whether the Senate truly votes on the issues or if they just vote on party lines."

Environmentalists also are opposing Sutton's nomination, announcing this week concerns that he would advance an anti-environmental policy agenda from the federal bench.

David Bookbinder, an attorney with the Sierra Club, said Sutton has argued against federal environmental protections in favor of states' rights.

In a 2000 case, Sutton argued that Congress does not have the authority to prevent the destruction of wetlands because it's a local real-estate issue, he said.

The Sierra Club is among 10 environmental groups, including the Natural Resources Defense Council and Earthjustice Legal Defense Fund, which have sent senators a letter criticizing Sutton's environmental record.

During his January hearing, Sutton told senators he has represented all types of people and organizations as a lawyer and that it's likely some people will disagree with his clients.

"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.

Republicans are hoping a swift confirmation for Sutton will break a logjam of nominees stalled for weeks while Democrats filibustered against the nomination of Miguel Estrada for the appeals court of the District of Columbia.

Sen. Mike DeWine, an Ohio Republican who spoke in favor of Sutton's nomination before the Senate Judiciary Committee, is confident Sutton will be confirmed next week, a spokeswoman said Friday.

Democratic Sen. Edward M. Kennedy of Massachusetts said Democratic opposition to Sutton is divided. He added, "I would expect that he would pass."

Ohio Supreme Court Justice Deborah Cook also has been nominated for a seat on the 6th Circuit Court, which includes Ohio.




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