Posted on 05/14/2017 6:52:05 AM PDT by jiggyboy
One of Neil Gorsuch’s sharpest dissents as an appeals court judge came just six months before he was nominated for the Supreme Court.
That’s when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps.
Nearly a year later, Gorsuch sits on the nation’s highest court and the boy’s mother is asking the justices to take up her appeal. She’s using Gorsuch’s words to argue that she has a right to sue the officer who arrested her son.
The court could act as early as Monday, either to deny the case or take more time to decide.
Justices typically withdraw from cases they heard before joining the Supreme Court, which means Gorsuch probably would not have any role in considering this one. But that hasn’t stopped lawyers for the mother from featuring his stinging dissent prominently in legal papers. Gorsuch said arresting a “class clown” for burping was going “a step too far.”
The New Mexico incident began in 2011 when the student, known only as F.M. in court papers, kept interrupting his physical education class with fake burps. The teacher sent him into the hallway, where he continued burping and laughing as he leaned into the classroom entrance.
(Excerpt) Read more at pressdemocrat.com ...
Something is being left out of the story. The kid was probably sent to the office with a referral after his “hallway behavior”. The only way you get handcuffed and lead out is if you willfully refuse to move/obey the administrator and the campus police have to be called.
To be honest, if we could just paddle today in public schools, 90% of all “SPED/disciplinary” issues would cease. For you non-teachers who were in school 20 years plus ago....you’d be absolutely shocked at what kids can do in public schools these days.
We make a Federal case of too many things. This is not a freedom of speech issues and should never be in Federal Court. I may, or may not, like decisions in a state or county court. But on something like this it is time to move on.
This should be brought up exposed. Embarrass the heck out out of this kid. Like they did with Ksppernick.
Lock him up.
Nobody is claiming this (his belching?) is a freedom of speech issue. It’s whether the law against “disrupting the education process” was unreasonably applied here.
He was already dragged out of school in handcuffs. You think he needs more embarrassment than that?
Absolutely. Why is this even at this level. It should have stopped with the kids dad introducing him to switch.
What do you mean "embarrassment"? It raised his popularity.
Schools have no way of handling that behavior without involving a law enforcement officer?
Excellent point. Clearly it escalated to the point where handcuffs were necessary. I bet that there was a threat of violence. This should be made public and it will put to end this stupidity.
7th grader, disrupting class = 5 swats with a paddle, back in my day.
Now it’s call in the cops and lawyers?
This is insane.
In my day behavior like this would have got you escorted to the office where you sat in the hallway for hours while they called your parents to come get you. Then probably a 3 day suspension.
Yup, in 7th grade he would have been my idol.
This didn’t even rise to assign arrestable issue. It’s the arrest that is the federal case, with lower jurisdictions insisting they have the power to arrest over anything, and citizens rightfully saying NO. Of course this will become a major federal case.
“Clearly it escalated to the point where handcuffs were necessary.”
Did you miss the part about a Seventh Grade Child? No offense to our heroes in blue, but if they need handcuffs to take care of a child, they need another job.
By definition, escalation is a decision made by the authority in a given situation. I find it quite telling when conservatives side with despotic liberals in such situations.
In the old days teacher would rap his knuckles and tape his mouth shut. These days that would get teacher arrested.
I agree, something else happened besides the burping. It is crazy how the media is twisting this. I am surprised the school or the police are not correcting the story. No way he was handcuffed for burping. More than likely he was handcuffed for disobeying an officers instructions. And that had to come after disobeying the principles instructions.
I can tell you if I was in school if I was burping in class I would rather be handcuffed and arrested than face my Dad or Mom. In fact I would have taken the paddle instead of going home because the whipping at home was a lot worse......
Couldn't they just have sent him to the principal's office?
"the boy’s mother is asking...to sue the officer who arrested her son.
Can't she just complain to the principal?
All of this is absolutely and utterly stupid! It show how insane the world of Western Decadence really is!
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