The Latest: ‘Burper’ case returns to Gorsuch’s court

By Abbey Westbury
May 13 2017 08:23 PM

CP2113587849 — FILE - In this photo taken on Tuesday, April 4, 2017, the Supreme Court Building is seen in Washington. Supreme Court Justice Neil Gorsuch\'s earlier dissent as an appeals court judge in a case involving a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the student had disrupted gym class with fake burps, means he probably won\'t have any role in considering it, should it come before the high court. (AP Photo/J. Scott Applewhite)

WASHINGTON – The Latest on the Supreme Court’s “burper” case (all times local):

10:40 p.m.

The case of the burping teenager is heading to Neal Gorsuch’s court once again.

When the newest Supreme Court justice was an appeals judge, he dissented in the case of a New Mexico student accused of disrupting class with fake burps. Now that case is coming before the Supreme Court.

Usually a justice steps aside when a previous case in which he’s ruled reaches the high court. Justices may decide as early as Monday whether to deny the burping case a hearing.

Gorsuch sided with the seventh-grader, who was handcuffed and arrested. Lawyers for the boy’s mother are citing Gorsuch’s dissent, in which he wrote that arresting a “class clown” for burping was going “a step too far.”

The issue is whether the mother has a right to sue the arresting officer.

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