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

In this photo provided by the Public Information Office Supreme Court of the U.S. Chief Justice John G. Roberts, Jr., administers the Constitutional Oath to the Neil Gorsuch in a private ceremony attended by the Justices of the Supreme Court and members of the Gorsuch family, including wife Louise Gorsuch, Monday, April 10, 2017, in the Justices' Conference Room at the Supreme Court in Washington. Surrounded by family and his soon-to-be Supreme Court colleagues, Gorsuch took the first of two oaths as he prepared to take his seat on the court. (Franz Jantzen/Public Information Office Supreme Court of the U.S. via AP)

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.