While Gorusch was testifying, the Supreme Court unanimously said he was wrong

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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...

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...


read more: https://thinkprogress.org/while-gorusch-was-testifying-the-supreme-court-unanimously-said-he-was-wrong-33b9ff7eca77#.wp3e3q1f6

[gopiscrap]

1. that needs to be brought out in the hearings

[WinkyDink]

2. As with his hair-splitting truck-driver decision as described by Franken, Gorsuch has neither heart

nor, it seems, brain.

To me, Gorsuch is the type that rises based on charm, demeanor, and appearance (one can see today that he takes pains with the last), while kissing arse and thinking 100% inside the corporate box, the box in this situation's being the dot over the legal "i" and the crossbar of the legal "t."

IOW: Gorsuch is a dangerous pedant.

[Sanity Claws]

3. Shows how extreme and out of the mainstream he is

He is Radical Right.

[chelsea0011]

4. 'all eight"...all you need to know

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