Yesterday I published Part I of analysis of this important historical political event including the actual ruling explanation authored by Supreme Court nominee Neil Gorsuch. If you have not read yesterday’s blog post, please do so now along with reading Judge Gorsuch’s opinion that — according to Liberal Democrats — is proof that he should not be the next U.S. Supreme Court Member. Here in Part II is the analysis of his opinion, its validity as it pertains to Congressional law, and information regarding the vitriol from the Liberal Left against Judge Gorsuch’s appointment. Here’s Part II:
The case of a severely autistic boy in Colorado centered around the parents’ decision to remove him from public school to place in a private residential treatment facility, then demand the public school district reimburse for the costs of the private facility. The school system had developed and implemented an educational program specifically for him which was implemented with many successful results. The parents opted to remove him from the public school system to enroll in a residential treatment center at which the child lived 24 hours a day for 44 weeks of the year. The parents petitioned the school system (and a resulting lawsuit) demanding reimbursement for their costs of his residence at the center.
The court (and Judge Gorsuch) ruled against a lower court’s decision in which the parents’ claim was affirmed. The court’s position was that Congress had written rules specific to such cases under the Individuals With Disabilities Education Act. Those rules plainly stated a demand under this law for reimbursement for education care received for such a child would only be allowed if the school system did not provide Free and Applicable Public Education (or the “FAPE” rule) to the disabled student. In this case, the school and the parents had both declared that the child had made marked and dramatic improvement in education at the public school. The parents in their claim stated those improvements did not all transition into his life away from school. No additional marked “educational” improvements at the private facility were achieved. The Court ruling found the parents’ claim was in direct conflict with the FAPE rule. The decision written by Jude Gorsuch in NO way diminishes the disability or the child’s need and right for education in public schools. But the Congressional law stops short of defining what level of educational achievement would trigger confirm the lower court ruling.
Minority Leader Pelosi has joined other Liberals in lambasting Judge Gorsuch. They do so knowing their claims are false, but also knowing that most Americans will not investigate case history and will simply defer to the first “news” (and in this case definitely “fake news”) they hear as being the truth. Remember that in the 2012 Presidential election campaign, Senator Harry Reid stated he knew factually that Mitt Romney had not paid a penny in federal income tax in 10 years. The liberal media ran with it without fact checking it or questioning Governor Romney as to its truth. It was patently false. The Romneys in that period had paid millions to the IRS. Do not forget Pelosi stood at a podium and told Americans speaking of the Obamacare law that, “We must pass this law so we can find out what’s in it.” The Speaker of the House had not even read the bill — the only bill in U.S. history that in its operations would give direct operating control of 20% of the American economy to the Government.
Both Pelosi and Senate Majority Leader Schumer have said they will fight any Trump SCOTUS nominee if that nominee does not subscribe to “mainstream American ideals.” But what ARE mainstream American ideals and who defines those? Democrats feel that THEY are the only ones capable of defining what American mainstream ideals are. What hypocritical and absolutely asinine statements and positions these are!
It is probable that there will not be a Senate confirmation hearing for Judge Gorsuch until the first week of April. Be aware that the coordinated attacks against the character, integrity, qualifications and ability to serve as a SCOTUS are well underway by the Left and will continue. Americans will be inundated with liberal vitriol and venom on every hand by liberals, all of which will be trumpeted by national media. I encourage all to investigate these allegations for yourself. Details of the positions of Judge Gorsuch are of public record. Certainly it is unreasonable to research every one of his nearly 1000 cases. But I urge all to get details of each of the specific cases referenced by the Left. Numerous Democrats have already voiced their support of Judge Neil Gorsuch. I would like to express confidence that the Senate will give the nominee full and fair investigation of his credentials. Senate Republicans WILL do so, just as they did for both of President Obama’s far left nominees who were confirmed as are President Clinton’s appointed SCOTUS justices. But under the watchful eye of Senate Minority Leader Chuck Schumer — who joined others to unanimously to confirm Justice Gorsuch’s to his present judgeship — you can be certain all reason and reasonable confirmation processes are already out of the question. He is spearheading the attacks from his comrades against the man who is among the top three most qualified judges in history to serve on the Supreme Court. Let’s hope political party preferences will not poison the responsibility of the Senate to confirm the President’s choice for U.S. Supreme Court Justice.
