Nominee Judge Gorsuch and the special education case at the Supreme Court

HMMM. This might be interesting. Maybe you wondered about this, as did I.

As you know, President Trump has nominated Judge Neil Gorsuch for the Supreme Court.

https://www.nytimes.com/2017/01/31/us/politics/supreme-court-nominee-trump.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=span-ab-top-region&region=top-news&WT.nav=top-news&_r=0

The nomination fight begins. But this post is not about that.

Meanwhile, back at the special education desk, we have an important case before the Supremes right now—Endrew F. v. Douglas County School District.  Oral arguments were heard before eight Justices in early January. The question they will (presumably) resolve is:  What level of benefit does a school needs to provide to a student with disabilities in order to meet the FAPE (free appropriate public education) standard in the law?  Or, in legal parlance, will the 1982 Rowley decision be affected, changed, amended, overruled, remain the same?

Without getting into the weeds about Endrew F., here’s the geography quandary.  Did this puzzle you also?

First the facts.

Judge Gorsuch is currently on the 10^th Circuit Court of Appeals, in Denver, Colorado.  The three-judge panel decision by that Court in Endrew F  was appealed to the Supreme Court and currently before it. Judge Gorsuch was not part of the three-judge panel that heard the case at the 10^th Circuit.

Now some questions.

What will the Supremes do?  Will this nomination have an effect on current cases before the Court, such as Endrew F. Will the Supreme Court continue toward a decision with the eight Justices who heard oral argument in early January?  Will the case be withdrawn?  Will the Supreme Court rehear the case so a 9^th Justice (Gorsuch or another) can hear it and be part of a decision?  What will happen?

Stay tuned.  Don’t we live in interesting times?