Gorsuch: I'm 'sorry' for ruling against autistic student

Gorsuch: I'm 'sorry' for ruling against autistic student

Gorsuch: I'm 'sorry' for ruling against autistic student

The decision issued Wednesday comes in a case known as Endrew F. v. Douglas County School District, which pitted the parents of a Colorado boy with autism against their school district.

School districts must give students with disabilities the chance to make meaningful, "appropriately ambitious" progress, the Supreme Court said Wednesday in an 8-0 ruling. During oral arguments in January, the school district's lawyer, Neal Katyal, maintained that a new standard wasn't needed, primarily because the current one, derived from a 1982 Supreme Court case, had "some bite".

It didn't take long for news of the U.S. Supreme Court's decision expanding the rights of special education students to travel across the street to the Hart Senate Office Building, where Judge Neil M. Gorsuch was having his confirmation hearing for a seat on the court.

Gorsuch, Trump's nominee to replace the late Antonin Scalia on the Supreme Court, declined to answer several questions from Sen. John Cornyn, he said "I was wrong, Senator, because I was bound by circuit precedent, and I'm sorry". The three circuit judges wrote that they were holding up precedent and pointed to the appeals court's 2008 decision on Thompson R2-J School District v. Luke P. - which was written by Gorsuch.

In response to a series of follow-up questions from Sen. He said that standard was set in a 1996 decision, which determined that services have to be "more than de minimis" or, in other words, result in at least minimal progress by the student. Of course, Plessy was "settled law" until Brown made it up to the Supreme Court and challenged the decision, and the entire country can be thankful for Brown's pursuits.

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On Eisenstadt v Baird, which established the right of unmarried people to possess contraceptives, Gorsuch said, "To say I agree or disagree with the United States Supreme Court as a judge is an act of hubris". IDEA, he wrote, only requires districts to provide educational benefits that "must merely be 'more than de minimis" - a contradiction to Wednesday's Supreme Court ruling.

This is yet another glaring example that reveals Judge Gorsuch is even more out of the mainstream than every single sitting justice who sided with the student in this case. After spending two years at the private school, Endrew's parents sought reimbursement for his private school tuition with the Colorado Department of Education.

Sen. Richard Durbin of IL called Endrew F.

NPR reports that the case drew a dozen amicus (friend of the court) briefs from advocates for students with disabilities who argued that rigor, expectations and accommodations should be increased for all students. Another senior Trump aide, Reince Priebus, had said Gorsuch could change potentially 40 years of law, Leahy said.

The 10th Circuit ruled in 2015 against Endrew, finding that he had made enough progress under his education plan to satisfy the "merely more than de minimis" standard. "We have courts to decide these cases for a reason- to resolve these disputes". For students like Endrew, who couldn't be integrated into a regular classroom because his autism is severe, the IEP doesn't have to show grade-level progress. The parents then filed a lawsuit in federal court, which also found in favor of the school.

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