WASHINGTON (AP) – The Supreme Court’s right of disability case intensified abnormally Monday, including false accusations and references to one-sided positions being a potential “five alarm fire.”
This appeal comes from a teenage girl with a rare form of epilepsy, whose families say it makes it too difficult for several courts to sue public schools that don’t ensure that students have what they need to learn.
Her family sued the Supreme Court after a lower court blocked a discrimination lawsuit despite findings that Minnesota schools hadn’t done enough to accommodate her.
Their lawyer, Roma Martinez, said the district’s position has shifted to a “five alarm fire” potential for the disabled attitude community.
Instead of defending a low court decision to set different legal standards to sue schools, they argued that all claims against accommodation for people with disabilities should be kept to the same standard.
Lisa Bratt, a school district lawyer, pushed back the idea that their argument had changed. “They’re adding words to our mouths. We never said you should have a double regime,” she said.
In Judge Neil Gorsuch’s argument, she retracted the other side lying but firmly held that disability claims should be held to a higher legal standard.
The judiciary appears skeptical of the argument, and Judge Amy Coney Barrett called it a “sea change” and questioned whether the lower courts adopted a similar view.
Case decisions are expected by the end of June.
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