Appeal in boy’s burp arrest case relies on Gorsuch dissent

FILE - In this Feb. 13, 2016 file photo, the Supreme Court building at seen sunset in Washington. (AP Photo/Jon Elswick, File)

WASHINGTON (AP) — One of Neil Gorsuch’s sharpest dissents as an appeals court judge came just months before he was nominated for the Supreme Court.

That’s when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps.

The boy’s mother wants the Supreme Court to hear the case. And she’s using Gorsuch’s words to argue she has the right to sue the officer who arrested her son.

The court could act as early as Monday, either to deny the case or take more time to decide.

Gorsuch said arresting a “class clown” for burping was going “a step too far.” His earlier involvement means he probably won’t have any role in considering it at the high court.

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