Supreme Court Justice Neil Gorsuch sternly rebuked a veteran attorney for accusing opposing counsel of lying during a heated disability rights case, marking a rare display of anger from the normally reserved justice.
At a Glance
- Justice Neil Gorsuch demanded attorney Lisa Blatt retract her accusation that opposing counsel lied during Supreme Court arguments
- The case, A.J.T. v. Osseo Area Schools, involves a student with severe epilepsy and questions whether schools can be held liable under disability discrimination laws
- The heated exchange occurred during arguments over what standard of proof should be required in disability discrimination cases
- Justices appeared skeptical of the school district’s position that a higher standard should apply to disability discrimination claims
- A ruling is expected to send the case back to lower courts with clarification on the proper standard
Unusual Confrontation in the High Court
Justice Neil Gorsuch, typically known for his measured demeanor on the bench, displayed rare public frustration during oral arguments in a case involving disability rights in education. The tense moment occurred as Lisa Blatt, representing Minnesota’s Osseo Area Schools, accused opposing counsel of misrepresenting her position. Gorsuch immediately challenged Blatt’s characterization, creating an uncommon spectacle in the normally decorous Supreme Court chamber.
The confrontation escalated when Gorsuch directly asked Blatt, “You believe that Mr. Martinez and the Solicitor General are lying? Is that your accusation?” When Blatt attempted to defend her statement, Gorsuch admonished her, saying, “I think you should be more careful with your words, Ms. Blatt.” Despite her attempts to continue with her argument, Gorsuch persisted until she eventually withdrew the accusation.
The Case at the Center of the Dispute
A.J.T. v. Osseo Area Schools involves parents of a girl with severe epilepsy who sued their public school district for allegedly failing to provide adequate at-home schooling accommodations. The legal question centers on what standard of proof should apply when alleging discrimination under the Americans with Disabilities Act and the Rehabilitation Act – specifically whether school districts should face the same standard as other entities or a higher bar.
Lower courts have typically required students alleging disability discrimination to meet a higher standard than plaintiffs in other contexts. Roman Martinez, representing the student identified as A.J.T., argued that the school district now agrees the standard should be uniform across contexts, suggesting the case should return to lower courts for proper application of that standard.
Justices Question the School District’s Position
Several justices appeared skeptical of the school district’s arguments for a more stringent standard in educational disability discrimination cases. Justice Amy Coney Barrett and Justice Ketanji Brown Jackson both expressed doubts about the lack of precedent for such a separate standard. Justice Brett Kavanaugh questioned whether, if the case were returned to lower courts, “it’ll still be open to the court on remand to decide which standard is appropriate…, correct?”
The justices’ questioning suggested little interest in adopting the higher standard for disability discrimination that Blatt advocated. Most of the court appeared to favor a unified approach that would treat disability discrimination claims consistently across different contexts, potentially strengthening protections for students with disabilities nationwide.
Expected Outcome and Implications
Court observers anticipate a relatively straightforward opinion that will likely send the case back to lower courts with instructions to apply the appropriate standard for disability discrimination claims. The ruling could have significant implications for how school districts across the country respond to accommodation requests from students with disabilities and potentially make it easier for families to challenge perceived discrimination.
The heated exchange between Justice Gorsuch and Lisa Blatt has attracted attention not only for its implications on disability rights in education but also as a reminder of the high standards of professional conduct expected in the nation’s highest court. While vigorous legal debate is encouraged, the incident underscores that personal accusations cross a line that even Supreme Court justices will not tolerate.