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Boy uses Gorsuch dissent to appeal burping arrest

Pablo Martinez Monsivais / AP

The mother of a New Mexico seventh-grader who was handcuffed and arrested for burping in gym class is hoping to appeal her son's case in front of the Supreme Court, per AP. Her argument against the school relies on Neil Gorsuch — six months ago he wrote a passionate dissent from the same case when it was tried at the appellate level and they ruled in favor of the school.

Why it matters: Now, Gorsuch sits on the Supreme Court and could recuse himself from the hearing, if they decide to move forward with it. Justices typically recuse themselves from hearing cases they've already heard before joining the nation's highest court. The court could make a decision as early as Monday on whether to deny or take more time for the case.