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  • 2017-03-27 (xsd:date)
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  • All 8 Supreme Court Justices Stand in Solidarity Against Trump SCOTUS Pick? (en)
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  • On 26 March 2017, the unreliable Bipartisan Report web site published an article misleadingly headlined JUST IN: All 8 Supreme Court Justices Stand In Solidarity Against Trump SCOTUS Pick, with text erroneously proclaiming that all eight sitting Supreme Court justices had rejected President Trump's nominee to fill an empty seat on that court and had written a letter to that effect: All of this reporting was a gross partisan exaggeration. The eight sitting SCOTUS justices didn't turn their backs on Trump, they didn't reject his nominee, they didn't agree that President Trump is completely wrong in choosing Neil Gorsuch, nor did they write a letter to that effect. The so-called letter refers not to a personal missive but to the Supreme Court's opinion in their unanimous 22 March 2017 ruling in Endrew F. vs. Douglas County School District, which dealt with the level of educational services public schools must provide to children with disabilities under the Individuals with Disabilities Act (IDEA): As the Denver Post noted, federal judges from several circuits across the country have issued conflicting rulings over the years on what is the appropriate standard to be used to assess the proper level of educational benefit a disabled student should get. In 2008, Neil Gorsuch, who is currently President Trump's nominee to fill a vacant seat in the Supreme Court, was one of the judges on one of the three courts that previously issued rulings in favor of the school district in Endrew F. vs. Douglas County School District. In March 2017, the U.S. Supreme Court vacated the previous judgments of those courts: So yes, the U.S. Supreme Court disagreed with previous appellate decisions which Neil Gorsuch had a hand in shaping. But all courts of appeal, including the Supreme Court, essentially deal with disagreements over previous proceedings and rulings, and Gorsuch was not the only judge — nor was his court the only court — involved in those earlier decisions. To claim, as the Bipartisan Report did, that the Supreme Court's ruling in Endrew F. vs. Douglas County School District constituted a rejection of Gorsuch and was the equivalent of all eight of the current Supreme Court justices penning a letter holding that President Trump is completely wrong in choosing Neil Gorsuch is a gross misrepresentation of how the U.S. court system actually functions. (en)
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