Subject: Re: When Ginsburg and Thomas BOTH Think You're Wrong...
BEG pardon, forgot to mention that this is part of a year-end retrospective.
More fun later.
On 12/30/2017 2:06 PM, Clave wrote:
> 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.
> Under Gorsuch’s opinion in Luke P., a school district complies with the
> law so long as they provide educational benefits that “must merely be
> ‘more than de minimis.’”
> “De minimis” is a Latin phrase meaning “so minor as to merit disregard.”
> So Gorsuch essentially concluded that school districts comply with their
> obligation to disabled students so long as they provide those students
> with a little more than nothing.
> All eight justices rejected Gorsuch’s approach. IDEA, Chief Justice
> Roberts wrote, “is markedly more demanding than the ‘merely more than de
> minimis’ test applied by the Tenth Circuit.” Indeed, Roberts added,
> Gorsuch’s approach would effectively strip many disabled students of
> their right to an education.
> 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.