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Wed Mar 22, 2017, 11:54 AM

 

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 Court’s decision and Gorsuch’s 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 child’s ‘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 Gorsuch’s 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...

32 replies, 13330 views

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Reply While Gorusch was testifying, the Supreme Court unanimously said he was wrong (Original post)
Fast Walker 52 Mar 2017 OP
ffr Mar 2017 #1
lapfog_1 Mar 2017 #2
littlemissmartypants Mar 2017 #10
Fast Walker 52 Mar 2017 #23
DK504 Mar 2017 #26
grantcart Mar 2017 #30
riversedge Mar 2017 #3
unblock Mar 2017 #4
Fast Walker 52 Mar 2017 #24
hughee99 Mar 2017 #27
unblock Mar 2017 #28
Alice11111 Mar 2017 #32
DonCoquixote Mar 2017 #5
yallerdawg Mar 2017 #6
FailureToCommunicate Mar 2017 #7
Nitram Mar 2017 #8
littlemissmartypants Mar 2017 #12
ailsagirl Mar 2017 #9
lisvard2 Mar 2017 #11
Fast Walker 52 Mar 2017 #25
BadgerMom Mar 2017 #13
HAB911 Mar 2017 #14
Bernardo de La Paz Mar 2017 #15
Ilsa Mar 2017 #16
FakeNoose Mar 2017 #17
Ilsa Mar 2017 #19
FakeNoose Mar 2017 #20
Ilsa Mar 2017 #21
hedda_foil Mar 2017 #18
red dog 1 Mar 2017 #22
Cha Mar 2017 #29
dae Mar 2017 #31

Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 11:56 AM

1. Go viral baby! Even on conservative Yahoo Snooze!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 11:58 AM

2. He is evil

and comes cloaked in charm and understanding and empathy.

But he is evil.

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Response to lapfog_1 (Reply #2)

Wed Mar 22, 2017, 01:10 PM

10. This times a bazillion. eom

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Response to lapfog_1 (Reply #2)

Wed Mar 22, 2017, 06:50 PM

23. I agree. His mother was a real wingnut, and I bet he didn't fall far from her womb...

 

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Response to Fast Walker 52 (Reply #23)

Wed Mar 22, 2017, 07:46 PM

26. She was forced out of her job after a year.

That's pretty damning to me.

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Response to DK504 (Reply #26)

Thu Mar 23, 2017, 03:20 AM

30. She was forced out because the Republicans thought that she was too radically pro pollution


How nuts is that?

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 11:59 AM

3. Good news for kids--and families with disabilities

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 12:04 PM

4. typical republican legal logic taken to an extreme: start with the result you want, then justify it.

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.

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Response to unblock (Reply #4)

Wed Mar 22, 2017, 06:50 PM

24. yep, exactly

 

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Response to unblock (Reply #4)

Wed Mar 22, 2017, 08:11 PM

27. If this is typical republican logic, why was the supreme court against him unanimously?

They've got republicans, don't they?

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Response to hughee99 (Reply #27)

Wed Mar 22, 2017, 08:14 PM

28. Apparently too brazen even for them

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Response to unblock (Reply #4)

Mon Mar 27, 2017, 04:48 AM

32. You got that right!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 12:06 PM

5. bound by precedent

"UPDATE: Shortly after the Supreme Court’s 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.

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 12:06 PM

6. The 20 names that FAKE PRESIDENT promoted during the campaign...

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!"

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 12:24 PM

7. Wolf in sheep's clothing.

Don't be fooled!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 12:35 PM

8. Gorsuch is an extreme right wing robot in "Father Knows Best" clothing.

Franken fully exposed his duplicity.

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Response to Nitram (Reply #8)

Wed Mar 22, 2017, 01:12 PM

12. Exactly!!!

He may as well be a Pence clone. They both* give me the creeps.

*Gorusch and Pence, never Franken, just to be clear.

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 01:10 PM

9. GREAT!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 01:11 PM

11. Any dem senators going to vote for him?

I'm sick of the democrats being kind and proper, they need to shut this fucker down!!!!!

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Response to lisvard2 (Reply #11)

Wed Mar 22, 2017, 06:53 PM

25. they sure do! And welcome to DU

 

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 01:17 PM

13. K & R

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 01:30 PM

14. LOL!

too funny

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 01:34 PM

15. Unanimously. 8-0. . . . nt

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 02:16 PM

16. Gorsuch exhibits a type of laziness in "interpreting" law, IMO.

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.

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Response to Ilsa (Reply #16)

Wed Mar 22, 2017, 02:27 PM

17. It's almost like

... 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.



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Response to FakeNoose (Reply #17)

Wed Mar 22, 2017, 03:18 PM

19. And yet we don't want that or to imply that.

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.

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Response to Ilsa (Reply #19)

Wed Mar 22, 2017, 03:35 PM

20. Sorry

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.



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Response to FakeNoose (Reply #20)

Wed Mar 22, 2017, 03:40 PM

21. I know you didn't mean anything by it, but I just wanted

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!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 02:34 PM

18. Unanimous decision. So Gorsuch is more reactionary than Clarence Thomas.

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 05:16 PM

22. CALL YOUR SENATORS ...202-224-3121....ASK THEM NOT TO VOTE TO CONFIRM GORSUCH

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!

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Response to Fast Walker 52 (Original post)

Wed Mar 22, 2017, 10:15 PM

29. Wow!

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Response to Fast Walker 52 (Original post)

Thu Mar 23, 2017, 11:51 AM

31. Between this and Al Franken he SHOULD be DOA but the

GOP infidels will just lap up another serving of pooh and ask for more.

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