While Gorusch was testifying, the Supreme Court unanimously said he was wrong
Source: Think Progress
About 40 minutes after Supreme Court nominee Neil Gorsuch began his second day of testimony before the Senate Judiciary Committee, all eight of the justices he hopes to join said a major disability decision Gorsuch wrote in 2008 was wrong.
Both the Supreme Courts decision and Gorsuchs 2008 opinion involved the Individuals with Disabilities Education Act (IDEA), which requires that public school systems which take certain federal funds provide a free appropriate public education to certain students with disabilities.
Applying this law to individual students, the Supreme Court acknowledged in its Wednesday opinion in Endrew F. v. Douglas County School District, is not an exact science. A focus on the particular child is at the core of the IDEA, Chief Justice John Roberts wrote for the unanimous Supreme Court. The instruction offered must be specially designed to meet a childs unique needs through an ndividualized education program.
But while this process can be difficult, it must provide meaningful educational benefits to disabled students which brings us to Judge Gorsuchs error in a 2008 opinion. In Thompson R2-J School District v. Luke P., a case brought by an autistic student whose parents sought reimbursement for tuition at a specialized school for children with autism, Gorsuch read IDEA extraordinarily narrowly.
Read more: https://thinkprogress.org/while-gorusch-was-testifying-the-supreme-court-unanimously-said-he-was-wrong-33b9ff7eca77#.cgzbsr1n9
Whoopsie...
ffr
(22,669 posts)lapfog_1
(29,199 posts)and comes cloaked in charm and understanding and empathy.
But he is evil.
littlemissmartypants
(22,656 posts)Fast Walker 52
(7,723 posts)DK504
(3,847 posts)That's pretty damning to me.
grantcart
(53,061 posts)How nuts is that?
riversedge
(70,214 posts)unblock
(52,219 posts)gorsuch looked at the law and said to himself, "what's the absolute minimum level of help for these expensive, useless brats i can somehow justify?"
he couldn't justify nothing, and he couldn't justify de minimus (which is essentially nothing), so he stopped at "barely more than deminimus".
what a sh*thead.
the fact that the supremes overturned his decision unanimously is telling. gorsuch is too extreme even for the extreme right-wingers already on the bench.
Fast Walker 52
(7,723 posts)hughee99
(16,113 posts)They've got republicans, don't they?
unblock
(52,219 posts)Alice11111
(5,730 posts)DonCoquixote
(13,616 posts)"UPDATE: Shortly after the Supreme Courts Endrew F. decision came down, Sen. Dick Durbin (D-IL) asked Gorsuch about his now-discredited decision. Gorsuch defended his approach in Luke P., claiming that he was bound by circuit precedent. But Gorsuch is not correct."
The best way to tell a destructive type is that when they themselves are called on their nonsense, they defer to authority as they expected YOU to defer to him or Her.
yallerdawg
(16,104 posts)did not get on the justice's list accidentally.
"Somebodies" on the vicious right put that list together, and each and every one of them is a rightwing ideologue.
Gorsuch is sitting there. Shakespeare comes to mind:
That one may smile, and smile, and be a villain
At least I am sure it may be so in "Republican majority hearings!"
FailureToCommunicate
(14,014 posts)Don't be fooled!
Nitram
(22,800 posts)Franken fully exposed his duplicity.
littlemissmartypants
(22,656 posts)He may as well be a Pence clone. They both* give me the creeps.
*Gorusch and Pence, never Franken, just to be clear.
ailsagirl
(22,896 posts)lisvard2
(23 posts)I'm sick of the democrats being kind and proper, they need to shut this fucker down!!!!!
Fast Walker 52
(7,723 posts)BadgerMom
(2,771 posts)HAB911
(8,891 posts)too funny
Bernardo de La Paz
(49,001 posts)Ilsa
(61,695 posts)Instead of going through the intellectual exercise of applying rules, looking for what makes an exception, and seeking justice, he looks at it as black and white, like authorities do with "zero tolerance" policies which don't require exercise of judgment.
Why bother with high salaries if it's all black and white? I would hope judges would work through the gray areas.
I know I oversimplified this subject, but I can't help but wonder how it doesn't apply if there is no justice for those who've bbeen wronged.
FakeNoose
(32,639 posts)... law degrees don't mean anything.
Why bother going to law school and spending all that time and money?
YOU TOO can work at Walmart your whole life, and become a Supreme Court Justice.
All you have to do is be born on the right side of the tracks, belong to the right clubs, and vote the right way.
Ilsa
(61,695 posts)I have tremendous respect for lawyers and judges. I can't reason things as well or quickly as lawyers. It's a special kind of real "smarts".
Too bad gorsuch is like this. He appears to be very bright, but probably more conniving. He's certainly talented at being evasive.
I forgot to include the Sarcasm button.
Of course I agree that lawyers and judges deserve our respect. But Gorsuch should have sidestepped this whole thing by withdrawing his name, or by refusing to be considered. Surely he understood the repercussions of a Trump nomination!
He didn't - so IMO he's in the same league with the rest of 'em.
Ilsa
(61,695 posts)to be really clear about it. I'd hate for any attorneys on DU to think we didn't respect their profession, in spite of the jokes!
hedda_foil
(16,373 posts)red dog 1
(27,797 posts)whether they are Republican or Democrat
For those in CA, phone Sen. Dianne Feinstein, top Democrat on the Senate Judiciary Committee
Phone - 202-224-3841
Fax - 202-228- 3954
Email her @ http://www.feinstein.senate.gov/public/index.cfm/e-mail-me
Ask her to filibuster Gorsuch's nomination
Ask ALL Democratic senators to filibuster Gorsuch's nomination!
K&R!
Cha
(297,203 posts)dae
(3,396 posts)GOP infidels will just lap up another serving of pooh and ask for more.