In imposing a higher bar for discrimination claims based on educational services as compared to other sorts of disability discrimination claims, the chief justice declared, the lower courts bungled the unambiguous directive of the law.
Roberts criticized lower courts for setting a higher standard for educational discrimination cases.
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The voices in these debates raise sincere concerns; the implications for all are profound. The Equal Protection Clause does not resolve these disagreements.
This case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field.
Questions regarding the law’s policy are thus appropriately left to the people, their elected representatives, and the democratic process.
I think they view us as purely political actors, which I don’t think is an accurate understanding of what we do.