In a rare display of tension within the hallowed halls of the Supreme Court, Justice Neil Gorsuch engaged in a heated exchange with a seasoned attorney during oral arguments on Monday.
The case in question, A.J.T. v. Osseo Area Schools, revolves around the pivotal issue of whether school districts can be held accountable for discrimination against students with disabilities under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.
According to Fox News, the confrontation unfolded as Lisa Blatt, a prominent Supreme Court litigator from Williams & Connolly, represented the Minnesota public schools. Blatt accused the plaintiffs of "lying" in their assertions before the court, prompting a stern rebuke from Justice Gorsuch.
The plaintiffs, representing the parents of a girl with severe epilepsy, had sued the public school for its refusal to provide at-home schooling during the morning hours, an accommodation available in other districts within the state.
Justice Gorsuch admonished Blatt, advising her to exercise caution with her language. "Counsel should be more careful with their words," he cautioned. Blatt, however, stood her ground, retorting, "Okay well, they should be more careful in mischaracterizing a position by an experienced advocate of the Supreme Court, with all due respect."
The exchange continued as Gorsuch expressed his unease with Blatt's suggestion that the opposing side had lied. "Ms. Blatt," he stated, "I confess Im still troubled by your suggestion that your friends on the other side have lied."
The back-and-forth escalated, with Blatt challenging Gorsuch to review the oral arguments. Gorsuch, maintaining his composure, insisted, "I think were going to have to, here. And Id ask you to reconsider that phrase." He emphasized the gravity of the accusation, stating, "You can accuse people of being incorrect, but lying" before Blatt attempted to interject. Gorsuch firmly continued, "Ms. Blatt, if I might finish. But lying is another matter."
The justice then began to read through the brief, only to be interrupted once more by Blatt. Raising his voice, Gorsuch asserted, "Im not finished," and demanded, "Withdraw your accusation, Ms. Blatt." Reluctantly, Blatt conceded, "Fine, I withdraw."
The plaintiffs, in their rebuttal, chose not to engage with the name-calling. The exchange did not go unnoticed, with Raffi Melkonian, an experienced appeals court litigator, commenting on social media, "I've never heard Justice Gorsuch so angry."
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