Gorsuch scolds Supreme Court litigator in rare, heated exchange

Supreme Court Justice Neil Gorsuch scolded an experienced lawyer during oral arguments Monday in a case centered on disability discrimination in public schools – a rare and heated exchange that surprised many longtime court-watchers.

The tense exchange took place during oral arguments in A.J.T. v. Osseo Area Schools, a case centered on whether school districts can be held liable for discriminating against students with disabilities under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. 

Gorsuch scolded Williams & Connolly lawyer Lisa Blatt, an experienced Supreme Court litigator representing the Minnesota public schools, for accusing the plaintiffs of “lying” in their assertions before the high court.

Plaintiffs in the case are representing the parents of a girl with severe epilepsy, who sued the public school for refusing to provide at-home school during the morning, an accommodation she would receive in other districts in the state.

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Justice Neil Gorsuch stands during a group photo at the Supreme Court in Washington, D.C., on April 23, 2021. (Erin Schaff/The New York Times via AP, Pool, File)

The exchange between Gorsuch and Blatt took place after she accused them of lying about the public school’s stance.

Counsel “should be more careful with their words,” Gorsuch told Blatt in a warning.

“OK well, they should be more careful in mischaracterizing a position by an experienced advocate of the Supreme Court, with all due respect,” Blatt responded.

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Neil Gorsuch testifies during his Supreme Court confirmation hearing before the Senate Judiciary Committee on March 22, 2017. (Justin Sullivan/Getty Images)

Later, he referenced the lying accusation again. “Ms. Blatt,” Gorsuch told her, “I confess I’m still troubled by your suggestion that your friends on the other side have lied.”

“OK,” she fired back. “Let’s pull it up. In oral arguments…”

Gorsuch cut in, telling her, “I think we’re going to have to, here. And I’d ask you to reconsider that phrase.”

“You can accuse people of being incorrect, but lying–” Gorsuch said, before Blatt attempted to interject.

“Ms. Blatt, if I might finish,” Gorsuch said, before continuing: “But lying is another matter.”

The U.S. Supreme Court (AP Photo/Mariam Zuhaib, File)

He then started to read through page one of their brief, before she interrupted again.

“I’m not finished,” Gorsuch told her, raising his voice.

“Withdraw your accusation, Ms. Blatt,” he then told her of the lying accusation.

“Fine, I withdraw,” she shot back.

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Plaintiffs said on rebuttal only that they would not dignify the name-calling.

The exchange sparked some buzz online, including from an experienced appeals court litigator, Raffi Melkonian, who noted of the exchange on social media, “I’ve never heard Justice Gorsuch so angry.”