Navigating Justice and Disability: A Conversation with Judge David Tatel

MoFo's Disability Affinity Network recently hosted a fireside chat in its Boston office, moderated by partner and co-chair of the firm's Appellate and Supreme Court practice Joe Palmore, with Judge David Tatel. Judge Tatel recently retired as a senior judge on the U.S. Court of Appeals for the D.C. Circuit and has served with distinction since his appointment by President Bill Clinton in 1994. His career spans private practice, where he founded the education practice at Hogan & Hartson (now Hogan Lovells), and public service, including his role as the Director of the National Lawyers' Committee for Civil Rights Under Law.

Judge Tatel's passion for civil rights began early in his career. Following the assassination of Dr. Martin Luther King Jr., he participated in a commission investigating the causes of the subsequent riots in Chicago. His role involved interviewing students, teachers, principals, and small business owners, which deepened his interest in civil rights and education. This experience was pivotal, as it coincided with the national expansion of the Lawyers' Committee for Civil Rights Under Law. Judge Tatel seized the opportunity to become the founding director of the Chicago committee. His leadership there marked the beginning of a lifelong dedication to civil rights, eventually leading him to serve as the director of the National Lawyers' Committee and later the Office of Civil Rights at the U.S. Department of Health, Education, and Welfare under the Carter Administration.

Judge Tatel reflected on the collegial nature of the D.C. Circuit, highlighting how this environment fostered a collaborative approach to judicial decision-making. He cherished the opportunity to work closely with judges appointed by presidents from both political parties, which enriched the deliberative process and helped to mitigate the influence of individual ideologies on judicial outcomes. This collegiality, according to Judge Tatel, is crucial for producing legitimate judicial decisions. He also highlighted how collaborative attitudes can significantly improve all workplaces.

At 15, Judge Tatel was diagnosed with retinitis pigmentosa, an incurable genetic retinal disease that eventually leads to vision loss. He managed his condition privately for many years, fearing it might jeopardize his professional opportunities. However, his approach changed during a job interview in 1974, when he openly discussed his condition for the first time. The response from the interviewer, who simply asked what support Judge Tatel would need, exemplified the type of inclusive attitude he hopes more employers will adopt. That moment was a turning point for Judge Tatel, affirming that openness and support can remove barriers and create empowering environments for individuals living with disabilities.

Additionally, Judge Tatel emphasized the role of technology in enhancing the lives and careers of individuals living with disabilities. During the discussion, he detailed how technological advancements have dramatically transformed his ability to independently perform his judicial duties. Initially, he relied on human readers to read everything that came across his desk. However, as technology advanced, Judge Tatel adopted various tools that reduced his dependence on human assistance. He demonstrated this during the discussion when he read an excerpt from his book, Vision: A Memoir of Blindness and Justice, using a Braille computer-a device that operates similarly to a standard laptop but features Braille keys and auditory output.

Judge Tatel expressed hope that his book and personal story will resonate with other individuals living with disabilities, providing them with a sense of solidarity and encouragement. He highlighted the importance of role models and mentors in his life, noting a lack of visually impaired role models during his earlier years. Through his book, he seeks to fill that gap for others, offering his life story as a testament to the possibilities that can unfold when individuals receive the support and accommodations they need.