OA55: More on Gorsuch – Was He Just Unanimously Reversed By the Supreme Court?

Today’s episode continues our look at appellate jurisprudence, Supreme Court nominee Neil Gorsuch, and the philosophy of originalism that Andrew continues to insist is so extreme ast o be disqualifying.

First, our much-beloved segment “Are You A Cop?” returns in triumphant fashion with an examination of a claim being raised by many Trump supporters; namely, that the 9th Circuit is “the most reversed appellate court in the country” with a “90% reversal rate.”  Is this claim true?  (No.)

In the main segment, we take a look at the Supreme Court’s just-released opinion in Endrew F. v. Douglas County School District.  Is this a “unanimous reversal” of Gorsuch on appeal while Gorsuch’s nomination remains pending??  As usual, we correct the news sources that got this story wrong and explain its significance to you.

Next, we answer a question/comment from Ed Brayton, author of the “Dispatches From The Culture Wars” blog, who has a different take on originalism.

Finally, we end with the answer to Thomas Takes the Bar Exam question #16 about apparent authority.   Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday’s show.  Don’t forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)!

Recent Appearances:

Andrew and Thomas were guests on Eiynah’s podcast, Polite Conversations, Panel Discussion #6 talking about liberals vs. conservatives on free speech.  Give it a listen!

Show Notes & Links

  1. This Politifact Article debunks the claim that the 9th Circuit is the “most reversed” appellate court.
  2. This is the text of the Endrew F v. Douglas County School Dist. opinion just issued by the Supreme Court.
  3. And here is the Endrew F opinion from the 10th Circuit (not authored by Gorsuch) that was reversed.
  4. Finally, this is the Luke P decision that was by Gorsuch discussed in the episode.
  5. And by contrast, this is Urban v. Jefferson County School Dist., 89 F.3d 720 (1996), which you can read for yourself and see that Gorsuch deliberately misconstrued.
  6. You can read Ed Brayton’s excellent blog, Dispatches From The Culture Wars, by clicking here.

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