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American Morning

'I Object!': School Discrimination?

Aired May 08, 2003 - 07:40   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: There is a New Jersey high school senior saying that her top grade point average speaks for itself. She is suing now, suing for the right to be named sole valedictorian.
Eighteen-year-old Blair Hornstine claims she's a victim of discrimination because she suffers from chronic fatigue syndrome. She says because of that disability, the school board is forcing her to share the honor with two other students. Some of her classmates at Moorestown High School disagree.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I think it's a horrible, horrible message that we can't share something that that's important.

UNIDENTIFIED MALE: Nothing is being taken away from her except her pride that she is the only valedictorian. And I don't even see her around school, and I think if someone is going to be the valedictorian, they should be involved with school. She's home- schooled. She is not even here.

(END VIDEO CLIP)

HEMMER: So you ask, why are we doing this story today? Believe it or not, there is a federal court hearing today later on this case.

Jeffrey Toobin is checking in with his "I Object!" segment on this.

You object because why? She is 1570 out of 1600. She's headed to Harvard. She has a disability.

JEFFREY TOOBIN, CNN LEGAL ANALYST: So, great news for her, right?

HEMMER: It's your case, go ahead.

TOOBIN: What's the problem? No -- and...

HEMMER: Eat them up.

TOOBIN: ... I think she's obviously a great kid, a smart kid, and this federal lawsuit, it seems to me, is absolutely ridiculous. Let's talk about some of the reasons why I think this story is ridiculous.

First, don't make a federal case out of it. It's what parents teach their kids about all sorts of things. This is simply not a justified use of the federal court's limited time and resources.

Second, no damages. What did she suffer here? She's the co- valedictorian. It is simply not something that the legal system should address, much less $2.7 million in punitive damages.

HEMMER: 2.7 total.

TOOBIN: 2.7 total. And third, lack of gratitude. This school district, the taxpayers of this school district paid to have tutors sent to this girl's home, because she has a disability, which she's entitled to do, but it was a very expensive project for the school district. She shouldn't be suing...

HEMMER: The bottom line in this case, though, it comes down to gym class. Let's talk about facts, right?

TOOBIN: Right.

HEMMER: The students had lesser grades, right? And they had lesser grades because they took gym, she did not because she could not with her disability, right? It cuts two ways. Had they not taken gym, grades would have been higher, right? Had she taken gym, her grades may have been lower.

TOOBIN: This may be the most detailed discussion of the high school requirements at Moorestown High School.

HEMMER: It's your topic.

TOOBIN: No, but as I understand it, there is a dispute about whether she got extra access to advanced placement courses, because she got private tutoring. So, there is some dispute about who had what classes. But it is true she had a higher grade point average and the courses available.

HEMMER: She really wants to be No. 1, obviously.

TOOBIN: That's what this is about.

HEMMER: Look at this case right now. We'll put it up on the screen. The sole reason Blair Hornstine will be forced to share the honor of valedictorian is that she has disabilities. Can she claim ADA, American With Disabilities Act, on this?

TOOBIN: This lawsuit is brought under a slightly different law, but it's the same principle. She's claiming that she's discriminated against because she's disabled. And I think it trivializes the very valuable Americans With Disabilities Act and that whole principle, because this is not what it's about. It's about keeping people out of jobs, it's about depriving people of money damages. I mean, that's the kind of thing the ADA was passed to correct. This is trivia and nonsense and it should be thrown out.

HEMMER: Her father is a judge, by the way.

TOOBIN: Her father is a state court judge. HEMMER: State superior judge.

TOOBIN: You know, all of us who are lawyers, we risk inflicting it on our children, and I'm afraid it's happened here.

HEMMER: Well, you know, you put the exclamation point on this, because she's going to Harvard to study law. She wants to be a lawyer.

TOOBIN: She's going to my alma mater, and God bless her. And I think she'll be fine, but she ought to do her lessons in school, not in court.

HEMMER: Thank you, Jeff. Talk to you later.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.






Aired May 8, 2003 - 07:40   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: There is a New Jersey high school senior saying that her top grade point average speaks for itself. She is suing now, suing for the right to be named sole valedictorian.
Eighteen-year-old Blair Hornstine claims she's a victim of discrimination because she suffers from chronic fatigue syndrome. She says because of that disability, the school board is forcing her to share the honor with two other students. Some of her classmates at Moorestown High School disagree.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I think it's a horrible, horrible message that we can't share something that that's important.

UNIDENTIFIED MALE: Nothing is being taken away from her except her pride that she is the only valedictorian. And I don't even see her around school, and I think if someone is going to be the valedictorian, they should be involved with school. She's home- schooled. She is not even here.

(END VIDEO CLIP)

HEMMER: So you ask, why are we doing this story today? Believe it or not, there is a federal court hearing today later on this case.

Jeffrey Toobin is checking in with his "I Object!" segment on this.

You object because why? She is 1570 out of 1600. She's headed to Harvard. She has a disability.

JEFFREY TOOBIN, CNN LEGAL ANALYST: So, great news for her, right?

HEMMER: It's your case, go ahead.

TOOBIN: What's the problem? No -- and...

HEMMER: Eat them up.

TOOBIN: ... I think she's obviously a great kid, a smart kid, and this federal lawsuit, it seems to me, is absolutely ridiculous. Let's talk about some of the reasons why I think this story is ridiculous.

First, don't make a federal case out of it. It's what parents teach their kids about all sorts of things. This is simply not a justified use of the federal court's limited time and resources.

Second, no damages. What did she suffer here? She's the co- valedictorian. It is simply not something that the legal system should address, much less $2.7 million in punitive damages.

HEMMER: 2.7 total.

TOOBIN: 2.7 total. And third, lack of gratitude. This school district, the taxpayers of this school district paid to have tutors sent to this girl's home, because she has a disability, which she's entitled to do, but it was a very expensive project for the school district. She shouldn't be suing...

HEMMER: The bottom line in this case, though, it comes down to gym class. Let's talk about facts, right?

TOOBIN: Right.

HEMMER: The students had lesser grades, right? And they had lesser grades because they took gym, she did not because she could not with her disability, right? It cuts two ways. Had they not taken gym, grades would have been higher, right? Had she taken gym, her grades may have been lower.

TOOBIN: This may be the most detailed discussion of the high school requirements at Moorestown High School.

HEMMER: It's your topic.

TOOBIN: No, but as I understand it, there is a dispute about whether she got extra access to advanced placement courses, because she got private tutoring. So, there is some dispute about who had what classes. But it is true she had a higher grade point average and the courses available.

HEMMER: She really wants to be No. 1, obviously.

TOOBIN: That's what this is about.

HEMMER: Look at this case right now. We'll put it up on the screen. The sole reason Blair Hornstine will be forced to share the honor of valedictorian is that she has disabilities. Can she claim ADA, American With Disabilities Act, on this?

TOOBIN: This lawsuit is brought under a slightly different law, but it's the same principle. She's claiming that she's discriminated against because she's disabled. And I think it trivializes the very valuable Americans With Disabilities Act and that whole principle, because this is not what it's about. It's about keeping people out of jobs, it's about depriving people of money damages. I mean, that's the kind of thing the ADA was passed to correct. This is trivia and nonsense and it should be thrown out.

HEMMER: Her father is a judge, by the way.

TOOBIN: Her father is a state court judge. HEMMER: State superior judge.

TOOBIN: You know, all of us who are lawyers, we risk inflicting it on our children, and I'm afraid it's happened here.

HEMMER: Well, you know, you put the exclamation point on this, because she's going to Harvard to study law. She wants to be a lawyer.

TOOBIN: She's going to my alma mater, and God bless her. And I think she'll be fine, but she ought to do her lessons in school, not in court.

HEMMER: Thank you, Jeff. Talk to you later.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.