Gorsuch's 'Burping Boy' Dissent Arrives at the Supreme Court
Justice Neil Gorsuch may face his first recusal when the justices in May take up a petition that involves—and features prominently—one of his most famous dissents: the case of the burping 13-year-old student.
April 25, 2017 at 04:33 PM
10 minute read
The original version of this story was published on National Law Journal
Justice Neil Gorsuch may face his first recusal when the justices in May take up a petition that involves—and features prominently—one of his most famous dissents: the case of the burping 13-year-old student.
Gorsuch, formerly a judge on the U.S. Court of Appeals for the Tenth Circuit, in July wrote a dissent in A.M. v. Holmes. His colleagues in that case voted in support of immunity over the arrest of a student in New Mexico for allegedly disrupting a physical education class.
Gorsuch notably borrowed from a Charles Dickens line in “Oliver Twist.” The law, he said then, quoting Dickens, can be “a ass—a idiot.” But Gorsuch did not think, he said in the student's case, that the law was as much of an “ass” as his two colleagues seemed to believe.
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