Here's opposition to Gorsuch based on that decision: http://mayerslaw.com/wp-content/uploads/2017/02/2-1-17-Letter-re-Supreme-Court-Nominee-Neil-Gorsuch.pdf …
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Here's Chief Justice John Roberts, reversing the 10th Circuit in a case using that standard: https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf …
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Durbin: "Why ... did you want to lower the bar so low ..." ... on the IDEA?
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"We were bound by circuit precedent," he says, citing a 1996 decision of the 10th Circuit.
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"That's fine. I will follow the law," Gorsuch says of SCOTUS ruling. "I was wrong because I was bound by circuit precedent, and I am sorry."
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Durbin says by adding the word "merely," Gorsuch modified the Urban decision. Gorsuch only responds that they were unanimous.
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Gorsuch says that it shouldn't be suggested that he doesn't care about children. Durbin: "Judge, please."
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