The Hon. David S. Tatel, who served for nearly 30 years on the US Court of Appeals for the DC Circuit, recently visited Michigan Law to discuss coming to terms with a disability as well as the current state of the judicial system.
Judge Tatel’s memoir, Vision: A Memoir of Blindness and Justice (Little, Brown and Company, 2024), tells the story of his more than 50 years of blindness and how he has only recently learned to confront his disability. In the book, he also addresses falling public confidence in the US Supreme Court’s ability to serve as an impartial arbiter of justice.
During his talk at the Law School, which was moderated by Professor Nicholas Bagley and co-hosted by the Disability Rights Organization and the Jewish Law Students Association, he shared his story and his advice to law students soon to embark on legal careers in a country that feels divided.
Deciding to conceal—and reveal—his blindness
Diagnosed at age 15 with retinitis pigmentosa, an incurable genetic retinal disease that causes gradual vision loss, Judge Tatel spent decades hiding his deteriorating eyesight.
Even as he advanced as a civil rights lawyer in the late 1960s, he employed every cover he could to conceal his blindness from peers and colleagues. When Judge Tatel had no choice but to depend on a mobility cane, it became harder to hide his blindness. Still, he was determined to make it so that his disability would not hinder his career.
Judge Tatel was the first director of the Chicago Lawyers Committee for Civil Rights and later became the director of the National Lawyers Committee.
During the Carter administration, he served as the director of the Office of Civil Rights and the Department of Health Education and Welfare, where he worked to desegregate public schools across the country. Under his leadership, the office also began the enforcement programs for Title IX, which prohibits discrimination on the basis of sex in federally funded education programs, and Section 504, which laid the groundwork for the Americans with Disabilities Act by prohibiting discrimination in federally funded programs based on disability.
In 1994, President Bill Clinton appointed him to serve on the US Court of Appeals for the DC Circuit, where he championed equal justice and decided landmark environmental and voting cases, among others.
“I would scrub press releases announcing new jobs if they had any mention of my blindness,” he told the audience. “I wanted to be known as a judge who happened to be blind, not as a blind judge. Things only began to change when I started writing my book; I had to first deal with my blindness before I could write about it.”
Judge Tatel and his wife, Edie, wrote the book together. The process forced them to think deeply about how he dealt with blindness, how they dealt with it together, and how it affected the Tatel family—including their four children, eight grandchildren, and one great-grandchild.
“When I met Edie, I looked and functioned like a sighted person,” said Judge Tatel. “We both lived through the loss of eyesight and becoming blind. It affected our lives differently but jointly.”
Another factor that shaped Judge Tatel’s newfound acceptance of his blindness is the companionship he developed with his guide dog, a German Shepherd named Vixen.
“Putting aside everything I knew about mobility and turning it over to a dog was one of the hardest things I’ve ever done,” he said. “But after a while, we gained confidence in each other, and I have a level of independence that I haven’t had in 40 years. Vixen has liberated both Edie and me.”
Judicial restraint and the Supreme Court
Along with detailing his life and career, Judge Tatel’s memoir discusses his concern about the US Supreme Court’s most recent term.
“The respect given to the court comes from the public’s confidence that the judges act as judges, not politicians,” he said. “This court has too often abandoned the principles of judicial restraint. I’m deeply concerned about the separation of powers and the status and health of our democracy.”
Judge Tatel’s perspective is influenced by both his distinguished legal career and his personal experiences during a time of national upheaval.
In 1968, as the Vietnam War intensified and political unrest reached a boiling point, he and Edie welcomed their first child. The book chronicles how they could see smoke rising from riots outside their hospital room window.
“I was determined to become the best civil rights lawyer I could because of that year,” said Judge Tatel. “I decided that was how I could best respond to the country’s challenges.”
Speaking directly to the students, Tatel emphasized, “I think the story is the same for all of you. In the coming years, lawyers will play a critical role in shaping the future of this country. Now is the time to hone your legal skills, pursue meaningful work, and help our country in as many ways as possible. The most important thing you can do is take advantage of what sets you apart; demonstrate that even with a disability, you can be a great lawyer.”