Ruth Bader Ginsburg has our backs for the SCOTUS case re: FAPE

[Anonymous]

Notorious RBG, is proving once again (at an age when most are retired), she still has a sharp mind and a wonderful heart!! She doesn't want to see just a deminimis standard schools can use. She wants a standard "with bite." Insert SNL skit version of RBG where Kate McKinnon proclaims "Ya just got Ginsburned" as she does a funky dance. If RBG helps sway the vote in our favor I will proudly buy and wear and notorious RBG tshirt in her honor.

[Anonymous]

I hope she has four more years in her. Praying for her health.

[Anonymous]

But what about the other justices? RBG writing a fiery dissent won't really help anyone even if it gets people excited? Any tea leaves from th argument?

[Anonymous]

From reading the transcript, it looks like all three women and Roberts lean in favor of a more meaningful definition, as opposed to the just above trivial standard the scumdog school lawyer is advocating for.

Thomas said nothing, Alito seemed skeptical, and Kennedy and Breyer are the two swing possibilities.

[Anonymous]

Roberts has been more friendly than you might expect to SN issues -- although he's hardly a raging liberal. He spoke up in another case within the last couple years.

[Anonymous]

Anonymous wrote:Roberts has been more friendly than you might expect to SN issues -- although he's hardly a raging liberal. He spoke up in another case within the last couple years.

Doesn't he have a child with SN?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Roberts has been more friendly than you might expect to SN issues -- although he's hardly a raging liberal. He spoke up in another case within the last couple years.

Doesn't he have a child with SN?

Roberts has never said that publicly. And to discuss or speculate violates DCUM practice of privacy re specific kids.

[Anonymous]

Thanks for posting the update. I wanted to listen to this but Tillerson hearing was in conflict .... sounds like the SCOTUS argument would have been a much more uplifting listen.

For those who want more analysis ... go to SCOTUS Blog http://www.scotusblog.com/2017/01/argument-analysis-justices-grapple-proper-standard-measuring-educational-benefits-children-disabilities/

Ginsburg's support is great, but Chief Robert's support is a little troubling. If he votes to affirm, he will write the opinion and even though that would represent an improvement over the current standard, he would surely write a narrower/lower standard than Ginsburg would.

As much as I love RBG, it's important to note the critical role played by the Obama Administration's Departments of Education and Justice in developing an alternative standard and arguing in support of the plaintiff and against the school system. Without that, the case wouldn't have even reached the SC with a plausible basis for an improved ruling.

We are lucky this case came now and I hope it will not be a 4-4 split, because it wouldn't go well in a reargument under the Trump/DeVoss/Sessions administration.

(See Sessions on IDEA - https://www.google.com/amp/s/www.washingtonpost.com/amphtml/news/answer-sheet/wp/2016/12/02/sen-sessions-once-linked-special-education-law-to-decline-in-civility-in-classrooms/?client=safari)

And, equally important will be how the Department of Ed guides school systems to educate them in what the new standard means in practice. I'm also not holding my breath in a DeVos DoE.

[Anonymous]

Anonymous wrote:Thanks for posting the update. I wanted to listen to this but Tillerson hearing was in conflict .... sounds like the SCOTUS argument would have been a much more uplifting listen.

For those who want more analysis ... go to SCOTUS Blog http://www.scotusblog.com/2017/01/argument-analysis-justices-grapple-proper-standard-measuring-educational-benefits-children-disabilities/

Ginsburg's support is great, but Chief Robert's support is a little troubling. If he votes to affirm, he will write the opinion and even though that would represent an improvement over the current standard, he would surely write a narrower/lower standard than Ginsburg would.

As much as I love RBG, it's important to note the critical role played by the Obama Administration's Departments of Education and Justice in developing an alternative standard and arguing in support of the plaintiff and against the school system. Without that, the case wouldn't have even reached the SC with a plausible basis for an improved ruling.

We are lucky this case came now and I hope it will not be a 4-4 split, because it wouldn't go well in a reargument under the Trump/DeVoss/Sessions administration.

(See Sessions on IDEA - https://www.google.com/amp/s/www.washingtonpost.com/amphtml/news/answer-sheet/wp/2016/12/02/sen-sessions-once-linked-special-education-law-to-decline-in-civility-in-classrooms/?client=safari)

And, equally important will be how the Department of Ed guides school systems to educate them in what the new standard means in practice. I'm also not holding my breath in a DeVos DoE.

It is not clear that RBG could get the votes for a standard as strong as petitioner argued for. A number of justices seemed concerned about cost issues and creating a ton of litigation. So I am not sure it is accurate to say that the Chief writing the opinion instead of RBG would be the cause of a more moderate standard. Plus, just because the Chief is in the majority, it doesn't mean he will write the opinion, although he would have that option.

[Anonymous]

The Post's writeup https://www.washingtonpost.com/news/education/wp/2017/01/11/supreme-court-wrestles-with-defining-rights-for-students-with-disabilities-including-autism/?utm_term=.a824a29d1694

[Anonymous]

Why does it take so long to reach a decision. How does this play out?

[Anonymous]

Roberts can have RBG write the majority, if that's what he wants. I don't think we can ever tell how things will come down based on questions raised at oral argument. We'll just have to wait til June to see.

[Anonymous]

Anonymous wrote:Why does it take so long to reach a decision. How does this play out?

I'm not a special needs parent, I'm a lawyer. The decisions take a long time because the drafter of the majority opinion sends around their draft, the drafter of the dissent sends around their draft, and they can all change their votes depending on the opinion's language, or they can write concurring or dissenting opinions themselves. All of the decisions are handed down in the final week of the session in June because it takes a lot of time and arguing to formulate the full opinion/dissent package.

It's really frustrating, I hope the majority sides with the kids in this one. We need more resources toward education, not fewer (all types of education, not just SN, just all the way around we need to put our money where our mouths are and fund education).

[Anonymous]

Anonymous wrote:

Anonymous wrote:Why does it take so long to reach a decision. How does this play out?

I'm not a special needs parent, I'm a lawyer. The decisions take a long time because the drafter of the majority opinion sends around their draft, the drafter of the dissent sends around their draft, and they can all change their votes depending on the opinion's language, or they can write concurring or dissenting opinions themselves. All of the decisions are handed down in the final week of the session in June because it takes a lot of time and arguing to formulate the full opinion/dissent package.

It's really frustrating, I hope the majority sides with the kids in this one. We need more resources toward education, not fewer (all types of education, not just SN, just all the way around we need to put our money where our mouths are and fund education).

Thank you for explaining this. Thank you also for your support. We have some people post here who are not SN parents and often they share resentment. It's so refreshing to have someone on our side who didn't need to walk in our shoes in order to understand why this is so important.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Why does it take so long to reach a decision. How does this play out?

I'm not a special needs parent, I'm a lawyer. The decisions take a long time because the drafter of the majority opinion sends around their draft, the drafter of the dissent sends around their draft, and they can all change their votes depending on the opinion's language, or they can write concurring or dissenting opinions themselves. All of the decisions are handed down in the final week of the session in June because it takes a lot of time and arguing to formulate the full opinion/dissent package.

It's really frustrating, I hope the majority sides with the kids in this one. We need more resources toward education, not fewer (all types of education, not just SN, just all the way around we need to put our money where our mouths are and fund education).

Thank you for explaining this. Thank you also for your support. We have some people post here who are not SN parents and often they share resentment. It's so refreshing to have someone on our side who didn't need to walk in our shoes in order to understand why this is so important.

No problem - I'm rooting for you and your kids. My fingers are crossed for this case, I haven't read the whole oral argument transcript, but I think the odds are decent for a good decision.