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Thursday, March 23, 2017

Gorsuch: Sorry

In The Politics of Autism, I write about IEPs and FAPE.

At The Hill, Nikita Vladimirov reports on a telling exchange that took place on the day of Endrew F.:
President Trump's Supreme Court nominee, Neil Gorsuch, said Wednesday that he was "sorry" for ruling against an autistic student because he was "bound by circuit precedent." 
Gorsuch remarked on his ruling in favor of a Colorado school district over an autistic student after Sen. Dick Durbin (D-Ill.) asked him about the decision during Wednesday's confirmation hearing.

"If anyone is suggesting that I like a result where an autistic child happens to lose, that’s a heartbreaking accusation to me. Heartbreaking," Gorsuch said.

"But the fact of the matter is I was bound by circuit precedent, and so was the panel of my court," he added, while noting that there are other examples where his 10th U.S. Circuit Court of Appeals ruled for children with disabilities. 
"If I was wrong, senator, I was wrong because I was bound by circuit precedent, and I’m sorry," he said.