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News Release        The National Disabled Students Union www.disabledstudents.org May 8, 2001 President George W. Bush The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear President Bush: The National Disabled Students Union would like to call to your attention an issue that is vital in preserving the Americans with Disabilities Act of 1990, which your father is greatly admired for having advocated and signed into law. We urge you to reconsider your administration's reported nomination of Jeffrey Sutton, Esq. to the 6th U.S. Circuit Court of Appeals, since it would be very damaging to the rights of over 54 million Americans with disabilities. The National Disabled Students Union recognizes and appreciates your campaign's promise to affirm and expand the rights of people with disabilities. We are pleased to see that the Department of Justice's amicus brief in the Garcia v. State University of New York Health Sciences Center at Brooklyn, (2d Circuit) case and your implementation of the New Freedom Initiative plan are consistent with your campaign commitments. We especially welcome the continued efforts of the Solicitor General's office to defend the rights of persons with disabilities by supporting the constitutionality of Title II of the ADA and Section 504 of the Education Rehabilitation Act of 1973 in the Garcia brief. We would like to extend an arm of appreciation and ask that you not to stop here. We need your help in preserving your father's accomplishment. Jeffrey Sutton is vocally opposed to the Americans with Disabilities Act. He represented the University of Alabama in University of Alabama v. Garrett. His victory in this case severely weakened the Americans with Disabilities Act, by undermining the anti-discrimination protections of persons with disabilities working for state employers. Despite the long history of state discrimination against people with disabilities and the fact that states like Alabama have disability rights laws that have been found by courts to lack any enforcement provisions, Sutton claimed that the ADA is altogether unnecessary. According to Page 11 of the Garrett oral argument transcript, from October of 2000, when a Supreme Court Justice asked Mr. Sutton if the Garrett case just applied to employment aspects of the ADA, Sutton replied, "Well, Your Honor, it's a challenge to the ADA across the board." Therefore, a nomination of Jeffrey Sutton would constitute a step in the wrong direction, and would send a message to the disability rights community and the National Disabled Students' Union that would adversely impact your administration's future relationship with these groups. To be consistent with your father's distinguished legacy for widening the circle of inclusion and your honorable commitments to the disabled community, we respectfully urge you to make the right decision and withdraw the Sutton nomination. Thank you for your consideration. Sincerely, Sarah Triano National Coordinator PhD Student in Disability Studies, University of Illinois at Chicago Daniel Davis National Coordinator Vice President of Advocacy, Disabled Students Union of UC Berkeley Joseph Hall Legislative Coordinator Political Science Major, Winthrop University, Rock Hill, South Carolina