A unusual and intense discussion occurred Monday during oral arguments in a case based on disability discrimination in public schools. Justice Neil Gorsuch reprimanded a seasoned lawyer, surprising many who had watched the court closely.
A.J.T. v. Osseo Area Schools is a case that revolves on the question of whether school districts may be held accountable for discrimination against children with disabilities under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. The heated debate occurred during oral arguments in this case.
Lisa Blatt, an experienced Supreme Court litigator defending the Minnesota public schools and an attorney with Williams & Connolly, was reprimanded by Gorsuch for accusing the plaintiffs of “lying” in their statements presented before the high court.
The parents of a child who suffers from severe epilepsy are the plaintiffs in this case. They took legal action against the public school because it refused to allow their daughter to attend morning classes at home, an accommodation that other school systems in the state would have provided.
After she accused them of lying about the public school’s attitude, Blatt and Gorsuch had an exchange.
Legal representation “should be more careful with their words,” Gorsuch cautioned Blatt.
“OK well, they should be more careful in mischaracterizing a position by an experienced advocate of the Supreme Court, with all due respect,” said Blatt.
He brought up the false charge again later on. “Ms. Blatt,” he said, “I confess I’m still troubled by your suggestion that your friends on the other side have lied.”
“Alright,” she responded. It’s time to raise it. While arguing in court via voice…
“It seems like we’re going to have to, here,” Gorsuch interrupted, informing her. Also, I think that expression needs some rethinking.
“You can accuse people of being incorrect, but lying—” Blatt tried to interrupt Gorsuch, who had already talked about it.
“But lying is another matter,” Gorsuch said, “if I may finish, Ms. Blatt.”
Page one of their brief was about to be read by him when she interrupted him one again.
As he raised his voice to tell her, “I’m not finished,” Gorsuch informed her.
Mr. Blatt was then informed to “withdraw your accusation” about the false charge.