Saturday, February 04, 2017

Read Neil Gorsuch’s Epic Dissent in a Case Where a 13-Year-Old Was Arrested for Burping in School

Read Neil Gorsuch’s Epic Dissent in a Case Where a 13-Year-Old Was Arrested for Burping in School - Hit & Run : Reason.com:
"Neil Gorsuch, President Trump's pick to replace the late Associate Justice Antonin Scalia on the Supreme Court, once dissented in a ridiculous 10th Circuit Court of Appeals case that involved the arrest of a 13-year-old for burping in school.
The majority upheld the school's decision to call the cops and have the teenager arrested for making fake burping noises while in gym class. Gorsuch, however, was not persuaded that the law permitted the state to intervene in such a trivial disciplinary matter.
Image result for Neil Gorsuch burping teenThe case was A.M. v. Holmes. According to The Washington Post's summary of the case, a seventh grader "generated several fake burps, which made the other students laugh and hampered class proceedings." The gym teacher called the school resource officer, who then arrested the teen. The teen's mother sued the officer and school officials on grounds that her son had been unlawfully arrested. The court sided with the school, but Gorsuch dissented:
"If a seventh grader starts trading fake burps for laughs in gym class, what's a teacher to do? Order extra laps? Detention? A trip to the principal's office? Maybe. But then again, maybe that's too old school. Maybe today you call a police officer. And maybe today the officer decides that, instead of just escorting the now compliant thirteen year old to the principal's office, an arrest would be a better idea. So out come the handcuffs and off goes the child to juvenile detention. My colleagues suggest the law permits exactly this option and they offer ninety-four pages explaining why they think that's so. Respectfully, I remain unpersuaded...
Often enough the law can be "a ass — a idiot," Charles Dickens, Oliver Twist 520 (Dodd, Mead & Co. 1941) (1838) — and there is little we judges can do about it, for it is (or should be) emphatically our job to apply, not rewrite, the law enacted by the people's representatives. Indeed, a judge who likes every result he reaches is very likely a bad judge, reaching for results he prefers rather than those the law compels. So it is I admire my colleagues today, for no doubt they reach a result they dislike but believe the law demands — and in that I see the best of our profession and much to admire. It's only that, in this particular case, I don't believe the law happens to be quite as much of a ass [sic] as they do. I respectfully dissent."
Read on! 

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