Supreme Court Rules on Special Education Changes
- Author: Larry Hoffman Mar 31, 2017,
Mar 31, 2017, 0:10
"To suggest I have some animus against children, senator, would be a mistake", Gorsuch said. Democratic Sen. Dick Durbin of IL said the high court had just tossed out a standard that Gorsuch himself had used in a similar case that lowered the bar for educational achievement. "They don't do it at that end of Pennsylvania Avenue and they shouldn't do it at this end, either". If confirmed, Gorsuch will fill the seat vacated by the late Justice Antonin Scalia, who passed away a little more than a year ago. That's fine, I will follow the law... "I speak for myself", he said.
On Wednesday, Gorsuch said he learned of the Supreme Court's decision during a break from his confirmation hearing. In the 2008 case, this bar was too low for the parents of an autistic child in a Colorado school district, where their son was making limited progress.
Gorsuch wrote the opinion for a unanimous 2008 decision in which he rejected the claim that the Colorado school district was not doing enough to educate the autistic student.
The Individuals with Disabilities Education Act (IDEA) was enacted to ensure that students with disabilities would be provided with "free appropriate public education".
But now, by siding with the plaintiffs and against the "more than trivial" test, the Supreme Court answered the concerns raised by groups seeking greater resources in public schools.
Advocates lauded the Supreme Court's Wednesday decision as a major victory for students with disabilities. The parents then filed a lawsuit in federal court, which also found in favor of the school.
Gorsuch replied that he never made such an insinuation. "We have courts to decide these cases for a reason- to resolve these disputes".
"I can't think of one, offhand", Gorsuch said.
"The qualifications for Senate confirmation shouldn't be skillful evasion of questions, it's not how the process is supposed to work", Schumer wrote Wednesday.
The suit was filed through his parents, identified only as Joseph F. and Jennifer F.in court documents.
Reading the quote, Leahy asked Gorsuch if a president would have to comply with a court order.
Perkins told the committee he agreed with some legal analysts who believe Gorsuch's addition of the word "merely" to the words "more than de minimis", which came from earlier cases, lowered the bar even further for what school districts had to provide to meet the IDEA. The Court explained that the qualification "reflects a recognition that crafting an appropriate program of education requires a prospective judgment by school officials" based on the specific facts related to a student and informed by school officials' expertise and input from the parents or guardians.
Democrats were frustrated they could not trip up the nominee during the marathon hearing. Mike Lee, R-Utah, that Gorsuch was meticulous in crafting his opinions and she did not believe he meant to alter the "more than de minimis" standard with his use of the word "merely".
"That's not what judges do", he said. "You can't have both at the same time". His service with the Bush administration's Justice Department, however, raises important questions about his views concerning executive power and the role of the judiciary in the sphere of national security.
"What's happened? Did the Constitution change?" Others have testified to Judge Gorsuch's dedication, thoughtfulness, and collegiality, and I have no reason to doubt that he possesses these qualities.
"Americans across the country are excited about the bold Republican agenda President Trump and Congressional Republicans have put forward to address some of our nation's most pressing issues", RNC Chairwoman Ronna McDaniel said in the release.