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Wednesday, March 22, 2017

Another heartwarming case in which Judge Gorsuch looked out for the little guy, and how.


While we are sympathetic to Luke’s parents’ desire to see their child thrive, the difficulty with their argument is that Congress did not provide in IDEA a guarantee of self-sufficiency for all disabled persons, and the most authoritative arbiter of congressional intent has already reached this conclusion. In Rowley, the Supreme Court expressly considered and rejected the notion that “self-sufficiency” is “the substantive standard which Congress imposed on the States"... 
We sympathize with Luke’s family and do not question the enormous burdens they face. Our job, however, is to apply the law as Congress has written it and the Supreme Court has interpreted it.
-Judge Neil Gorsuch, in an opinion upholding a school district's failure to provide an adequate education to an autistic grade school student, in Thompson RJ-2 School District v. Luke P (2008). 

Today, during Judge Gorsuch's confirmation hearing to join the Supreme Court, his eight future colleagues overturned his ruling and declared him wrong.

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