Background Guide. Supreme Court of the United States (SCOTUS)

Background Guide (SCOTUS)

1 Committee Overview Chair: Dennis Wieboldt Case Docket No. 17-1091: Timbs v. Indiana The Background The (SCOTUS) is the head of the judicial branch, and the highest federal court in the country. Established in Article III of the U.S. Constitution, it has the final jurisdiction over laws created and executed within the United States and is responsible for determining the constitutionality of those laws. Section II of Article III establishes the jurisdiction of the Court, noting that it has original jurisdiction in cases between states or public ministers, and appellate jurisdiction in nearly every other case that involves a point of constitutional or federal law. However, the role of the Supreme Court was not always as prominent as it is today, as their power in executing judicial review was not established doctrine until 1803. In Marbury v. Madison, the Court held that an Act of Congress that is in conflict with the Constitution could not stand, beginning the precedent of review and oversight over all federal laws. As the final arbiter of the law, the Court ensures the American people equal justice under the law, serving as the guardians and interpreters of the Constitution. As a result of 28 U. S. C. 1, the current number of Associate Justices on the Court is restricted to eight, with one Chief Justice.

2 General SCOTUS Information Committee Composition The committee will be composed of current and previous justices serving on the Supreme Court. The dais will represent the Chief Justice of the Court, passing final determination on the flow of debate and other procedurals matters. In the rare possibility that there is an even number of justices present in committee, and a vote requiring a simple majority becomes tied, the Chief Justice will break this tie. Before formal debate begins though, both the petitioner and respondent will be represented by the committee chairman, Dennis Wieboldt, and the other member of the dais, Aaryana Rajanala, respectively. After the first phase of committee proceedings, their roles will be dissolved, and they will assume the usual logistical and procedural responsibilities of a Model United Nations dais (though here as the Chief Justice). Flow of Debate After brief introductions by the dais and a general overview of daily logistics are complete, the committee will move into voting on the agenda; a simple majority will be required to open debate. After the agenda is set, the dais will immediately enter into oral arguments pending a motion to do so. First, each justice will be given the opportunity to ask a maximum of three questions of the petitioner. This questions must all be submitted in advance, preferably with the justices position papers. However, in order to ensure that other justices are able to gain from their peers, only those questions which were submitted in advance will be formally asked during committee. Once all justices wishing to ask questions of the petitioner have been satisfied with answers, questions of the respondents may be asked. Once all justices wishing to

3 ask questions of the respondent are answered, the Court will move into phase two. At this time, the dais will relinquish its prior roles as petitioner and respondent and assume the traditional role of the Chief Justice. Please keep in mind that justices are not required to ask any questions during phase one, but it is highly recommended that they take every opportunity available to speak so that they will be in better contention for awards. Now, the committee will move into closed session, and the dais will begin accepting motions. Motions that will be entertained during phase two, herein and after referred to as the deliberative phase, include motions to create a primary speakers list, moderated caucuses, and unmoderated caucuses. If there is a motion to create a primary speakers list, the justices should take this time to voice their positions on the case to their peers. During these speeches, they should not voice ideological concerns or revelations in regards to the case, but should instead look to focus on interpretation of the related case law, and other facts related to the petitioners, respondents, or various series of events that occured before the Court decided to hear the case. During moderated caucuses, the committee should focus on more specific aspects of the constitutional or statutory law that are mentioned in the case briefs, or during oral arguments. Similarly, the committee may choose to use moderated caucuses as an opportunity to examine specific case facts and how they impact interpretation. Motions to enter an unmoderated caucus will only be entertained by the dais once feels as though there has been enough substantive discussion to merit such a motion. Justices should use the time in an unmoderated caucus to discuss with peers who have similar views on interpretation, especially in regards to the facts of the case.

4 Unlike a tradition Model United Nations committee, SCOTUS will not pass resolutions. Instead, during phase three, and once judicial blocks are formed with justices that have similar views on the case, they will present opinions to the Court. After these presentations, the dais will entertain motions for question and answer time, if the committee chooses to follow this route. After some form of presentation and debate (Q/A, moderated caucus, or otherwise), the dais will ask the committee if there are any judicial blocks that wish to merge their opinions. If the answer is in the affirmative, the dais will entertain motions for unmoderated (or moderated) caucuses during which the blocks can merge and final opinions can be written. Justices should keep in mind that the opinions should express the reasons why a block believes the result of the case should be for the petitioner or the respondent, and the legal/interpretive reasons why. Once this is completed, the committee will enter phase four, voting. At this time, the dais will entertain motions for final presentations. After these are completed, or even in the absence of these presentations, which should be used to summarize the position of the block, the committee should motion to enter voting procedure. The vote will be used to determine which opinion is adopted as the majority, and which is adopted as the minority. If, during voting procedure, there are more than two opinions entered into the vote, there is a chance that a suspension of voting procedure may be in order to accommodate only two opinions after further block merging. Alternatively, those who wish to recuse (also known as abstain in tradition Model United Nations committees) themselves from the vote may withdraw their opinions, and submit them as dissents, after alterations (if the justice(s) so wish). The dais will not look disfavorably upon those justices wishing to pen dissents, as these are important documents to the Court which often impact the future interpretations of certain rulings.

5 SCOUTS Flow of Debate (Abridged) Phase I (Oral Arguments ) - A motion to enter oral arguments is required, but can only occur after the agenda is set - The dais will represent the petitioners and respondents, and justices will be given notice when each is being represented - Each justice will be given the opportunity to ask a maximum of three questions to the petitioner, and then later, three questions to the respondent (only if the questions were submitted in advance) - The order of justices who wish to question the petitioner/respondent will be done independently and based on who shows interest first, in descending time order thereafter Phase II (Deliberative Phase) - A motion to enter the deliberative phase is required - Motions for a primary speakers list, moderated caucuses, and unmoderated caucus will be entertained by the dais - A motion for permission to begin drafting opinions is required before starting to write opinions Phase III (Penning of Opinions) - A motion to enter the opinion phase is required - Motions for a secondary speakers list/moderated caucus (to discuss draft opinions), motions for an unmoderated caucus (to continue writing or executing edits), motions for presentation, and/or motions for question and answer time will all be entertained by the dais

6 Phase IV (Court Voting) - A motion to enter voting procedure is required - Once voting procedure is begun, no justices will be able to enter or leave the room - A motion to suspend voting procedure and re-open the opinion phase will be entertained by the dais under certain circumstances - During this phase, if time is required to submit opinions as desents by recused justices, a stay of voting will be allowed for a maximum of ten minutes - This time will be used to alter the language of an opinion to turn it into a dissent in contrast to either or both of the two opinions which will be voted on afterward

7 Motions SCOTUS Parliamentary Procedure Thank you to ILMU for sections of this document - Motion to open the speakers list - Context: This motion is used when a delegate wants to start a new speakers list; the chair will then call on delegates who want to be added to the list. - When: This is used at the beginning of the conference when a speakers list has to be opened to set the agenda; it can also be used later on a in conference to create a new speaker list whenever there is a new topic of discussion or if the delegate deems it necessary to have a speakers list. - Motion to set the agenda - Context: This is used to set the order in which the topics will be debated; there will be two speakers for and two speakers against the motion. - When: The motion is used after there has been sufficient debate upon which of the topics on the agenda is more important and will be entertained at the discretion of the chair. - Motion for a moderated caucus - Context: This motion is employed when one wants to start a moderated caucus. A moderated caucus refers to the form of debate where delegates raise their placards and the chair calls upon the delegates whose turn it is to speak. - When: A moderated caucus can be called for anytime during organized debate (when the chair asks if there are any points or motions on the floor), or after a previous caucus is finished. - Comment: When a delegate calls for a moderated caucus, they also must specify the length of the caucus, the length of each speaking time, and the purpose of the caucus; for example motion for a ten minute moderated caucus with a thirty second speaking time for the purpose of discussing education within the field of child labor. - Best used for: A moderated caucus is best used for relatively fast paced discussions about a specific sub-topic. It is sometimes used to hear the opinions of many nations in order to focus what the committee will talk about. - Motion for an unmoderated caucus - Context: This motion is utilized when one wants to start an unmoderated caucus. An unmoderated caucus refers to the form of debate where delegates are allowed to move from their seats and speak directly to other delegates. - When: An unmoderated caucus can be called for anytime during organized debate (when the chair asks if there are any points or motions on the floor), or after a previous caucus is finished. - Comment: When a delegate calls for an unmoderated caucus, they also must specify the length of the caucus. - Best used for: An unmoderated caucus is best used for informal debate. If a delegate wishes to have a discussion with another delegate, or if a delegate wishes to collaborate with others in writing a resolution, then an unmoderated caucus would be appropriate. - Motion for a right of reply - Context: If a member of the committee makes a personal attack on another delegate, then the offended delegate is permitted to reply to the delegate. However, if an attack is made on a delegate s position, the delegate does not receive a right of reply, meaning Justice A is stupid would deserve a right of reply, while, Justice B s idea of joblessness is idiotic does not deserve a right of reply. - When: A right of reply is requested directly after the personal attack is made

8 - Comment: The chair makes the ultimate ruling as to whether or not the delegate in question deserves a right of reply. - Comment: At U, all rights of reply must be submitted to the chair in writing. - Motion to introduce opinion/amendment - Context: This motion is used when a delegate wants to introduce (meaning read it to the committee and make it an official document) an opinion/dissent/amendment. - When: This motion is used after the dais staff has handed out the working opinion/dissent/amendment. to the committee. - Comment: When you move to introduce the document, you also must specify the number (ex: motion to introduce opinion 2.3) that way it is easier to specify what paper or amendment you are referring to with your working opinion. - Motion to table the topic - Context: This motion is used if a delegate wishes to immediately end debate on a topic and move to the next item on the agenda; if this motion is employed, then there will be no vote on the topic or any resolutions introduced on the topic; there will be two speakers for and two speakers against this motion. - When: The motion can be used any time. - Motion to close the speakers list - Context: Closing the speakers list means that no more countries will be added to the speakers list; when all the names on the speakers list have been exhausted, then the committee immediately moves into voting procedure. - When: This motion can be used any time during formal debate. - Motion to close debate and move into voting procedure - Context: This motion is used if a delegate wants to end debate on a topic and move into voting procedure; there will be two speakers against this motion. - When: This motion can be used any time (but it will not be taken seriously unless an ample amount of debate on the issue has occurred). - Motion for a roll call vote - This motion will not be necessary in SCOTUS as all votes outside of phase IV will not be eligible for roll call vote. - Motion to recess - Context: This motion is used to suspend debate at the end of each committee session. - When: At the end of each committee session, once the chair says that he/she would take a motion to Recess. - Motion to adjourn - Context: This motion is used to end the last committee session, ending the conference. - When: The motion is used at the end of the last committee session, once the chair says that he/she would take a motion to adjourn. - Motion to question the competence of the committee - Context: This motion is used if a delegate believes that a topic either in a resolution or discussed in committee is out of the jurisdiction of charter of that committee. When someone uses this motion, there will be two speakers for and two speakers against the topic/clauses at hand followed by a vote; if the vote passes, then the topic at hand will be removed from the opinion/discussion. - When: The motion can be used any time during formal debate. Comment: This motion is a very serious motion that drastically changes the course of debate. Accordingly, it should only be used if you and your fellow delegates believe there is a serious problem and the topic of discussion is fully outside the scope of the committee.

9 Points - Motion to question the competence of the chair - Context: This motion is used if a delegate believes that the chair of the committee is not versed in U conduct or procedure or if a delegate believes that the chair is doing a poor job in running the committee. If this motion is brought to the floor, the vice chair will determine whether or not the motion is in order; if the vice chair finds the motion in order, he/she will continue the procedural process of questioning the competence of the chair. - When: The motion can be used any time during formal debate. - Comment: This motion is very serious and should be considered very carefully before use. - Point of parliamentary inquiry - Context: This point is used when a delegate is unsure of or wants a clarification of a rule or committee procedure; it can also be used if a delegate has a non-substantive question (such as point of parliamentary inquiry, would it be in order to start handing in working papers at this time? ). - When: This point can be used any time when the chair is taking points from the floor. - Point of personal privilege - Context: This point is used when a delegate s ability to participate in committee is impaired. For example, one could use this point if it is difficult to hear the speaker or it is very cold in the room. When: This point can be used anytime, even during another delegates speech. - Comment: Using too many points of personal privilege can be unproductive to the committee, so use them very sparingly and only if the issue is truly impairing your ability to delegate, not just if it is a touch hot. It is also looked unfavorable if this point is used simply to interrupt or set other delegates off guard during their speeches. - Point of clarification - Context: This point is used when a delegate wants to clarify a non-substantive point (meaning grammatical, spelling, word choice, awkward phrases) in a resolution or amendment. - When: This point should be used while or directly after a resolution or amendment has been introduced. Comment: This point is only used during the introduction of a resolution or amendment. - Point of information - Context: This is used when a delegate has a substantive question for a speaker during formal debate. - When: This point can be used any time the chair says that questions are in order. - Point of order - Context: A delegate can raise a point of order when there is a violation of the rules of procedure. The chair will decide whether there is a violation immediately, and if there is, then the violation is corrected or stopped. - When: This point can be used anytime, including during another delegates speech - Comment: A point of order is a very serious procedural matter, especially since it has the power to interrupt other committee proceedings. Therefore, it should be used in a responsible manner; it should only be used if a delegate is sure a rule is broken. If a delegate is not sure if a rule is broken, or if the possibly broken rule does not affect the committee proceedings, it could be prudent for the delegate to rephrase the question at a more appropriate moment in the form of a point of parliamentary inquiry. Also note that while all U chairs are well versed in the official rules and procedures, they have the ability to adopt rules of debate at their own discretion.

10 Yields and Comments - Yield to the chair - Context: After the completion of a speakers list speech, a delegate may yield to the chair. This means that the chair will absorb the time remaining in the speech (meaning nothing will happen with any time remaining). - When: After a speech on the speakers list. - Yield to questions - Context: After the completion of a speakers list speech, a delegate may yield to questions. This means that with the remaining time, the chair will call upon other delegates to ask the delegate giving the speech questions that must pertain to the speech that was just given. - When: After a speech on the speakers list. - Comment: The time taken for a delegate to ask the question will not be counted towards the time remaining in the speech. - Yield to a fellow justice - Context: After the completion of a speakers list speech, a delegate may yield to another delegate. This means that with the time remaining in the speech, another delegate will be able to elaborate on the ideas that the first delegate presented; the second speaker may not talk about a topic the first speaker did not mention. Please note that only one yield may be made per speaker on the speakers list. - When: A delegate yields to another delegate after a speech on the speakers list. - Comment: If the speaker intends on yielding to another delegate, he/she should be sure that the delegate yielded to will support his/her ideas. The chair reserves the right to refuse this motion. - Yield to comments - Context: After the completion of a speakers list speech, a delegate ay yield to comments. This means that 2 thirty-second speeches can be made by any delegate (the chair will call on two delegates who wish to make comments). - Note that the comment must pertain to the original speech. The chair may refuse such motion. - When: A delegate yields to comments after a speech on the speakers list.

11 SCOTUS Guide to Penning Opinions In keeping with the historical importance of Supreme Court doctrine, the SCOTUS committee will not be drafting resolutions or working papers. Instead, delegates will be tasked with writing judicial opinions as if they were the justices themselves. There will be two different types of documents that delegates can choose to write: opinions or dissents. In phase IV of committee, delegates will have an opportunity to finally present the opinions they and their peers have been working on throughout the day. If more than two opinions are submitted for final voting, delegates have the choice to merge with another block or withdraw and write a dissent of the other two documents that remain in the queue. Although the dais will encourage diplomacy between justices, working together to help create a cohesive document that encompasses the many different aspects of the case, delegates will not be penalized for withdrawing and writing powerful, constructive, and coherent dissents. Aside from the dissents, the vote that takes place will determine which opinion is adopted as the majority or the minority. Keeping this in mind though, all SCOTUS committee documents must follow the same outline in order to be considered and adopted by the dais. Please follow the format of the example located on page thirteen for opinions, and page fourteen for dissents, to avoid any issues during the conference. The dais will look very favorably upon delegates who follow these directions and parliamentary procedure well. Anything in red text should be filled in according to the case provided. This is just a template for your use. As shown on the pages that follow, you must have a minimum of four separate paragraphs that can be identified in the opinion (for amendment purposes), you can find an example of the body of an opinion at: https://www.supremecourt.gov/opinions/17pdf/17-1106_ipdi.pdf. Additionally, another example

12 can be found at https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf (it includes a dissent). In the minimum of five paragraphs which are submitted (though the dais recommends that each justice represented on the document write a minimum of one paragraph for equal representation), you should accomplish the following goals. First, you should briefly outline the lower court ruling. Then, you should briefly outline the facts of the case, essentially explaining what happened, as written in the briefs and other documents on page eighteen. By Section II of the onions, you should begin getting into the substance of your collective position. Before you conclude, which should state the exact implications of your ruling, and how it will impact precedent, the petitioner, and the respondent, you must, in detail, talk about the constitutional or statutory interpretations you and your colleagues took when coming to a decision. Then, using the interpretation style that you have explained by this point, talk about its application and relevance to the case at hand. Remember, the Supreme Court interprets the law, but does not make it. Use your opinion or dissent to focus on the interpretation of the case law and how it applies to the facts. Do not unfairly extrapolate or take up a political agenda in your brief as the dais will recognize this as going against the purpose of the committee, and the real.

13 SUPREME COURT OF THE UNITED STATES PETITIONER ET AL. v. RESPONDENT ET AL. ON APPEAL FROM THE UNITED STATES XXXX CIRCUIT COURT OF APPEALS Docket No. XXXX. Decided XXXX. PER CURIAM. JUSTICES XXXXXXXXXXXXXXXXXXXX. INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTR O.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO. I BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. II BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. III BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. IV BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. The order of the District Court is affirmed/reversed/in whole/in part. It is so ordered.

14 SUPREME COURT OF THE UNITED STATES PETITIONER ET AL. v. RESPONDENT ET AL. ON APPEAL FROM THE UNITED STATES XXXX CIRCUIT COURT OF APPEALS Docket No. XXXX. Decided XXXX. PER CURIAM. JUSTICE(S) XXXXXXXXXXXXXXXXXXXX, dissenting. INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTR O.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO.INTRO. I BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. II BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. III BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. IV BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. BODY.BODY. BODY. Justice(s) XXXXXXXXXXXXX respectfully dissent.

15 Important Legal Terms and Definitions In order to be successful in this advanced committee, you should have an extensive knowledge of the case, as well as the legal jargon it is associated with. Please look over the links below before the conference. To put yourself in the best position for awards, you should keep in mind what the dais is looking for. Not only will the dais be noting the complexity, structure, and overall composition of position papers and opinions/dissents for their scholarliness, but it will also consider the delegate s activities throughout the conference. Using all opportunities to speak, asking thoughtful and well-considered questions during oral arguments, and engaging in meaningful, interpretive discussion that highlights your knowledge and level of comfort with the law and associated terms will only help you. Finally, in keeping in the spirit of Model UN, keep in mind diplomacy, leadership, and critical thinking as you participate in this committee. http://www.scotusblog.com/reference/educational-resources/glossary-of-legal-terms/ https://www.thirteen.org/wnet/supremecourt/pop_glossary/index.html https://www.justice.gov/usao/justice-101/glossary https://dictionary.law.com/default.aspx?letter=a http://www.uscourts.gov/glossary

16 Relevant Case Information Below you will find links for websites that are relevant to the case. While you may use other websites for research, the dais recommends using the ones herein provided to ensure accuracy. For Docket No. 17-8151, visit links numbered one through four. Within these links, you may find other links to related case materials; the dais recommends you be familiar with the case, the relevant parties, the case s path to the Supreme Court (including the supplementary statements relating to granting the writ of certiorari), the laws/statutes pertaining to the case, the lower court ruling, and the amici curiae briefs. The links provided (# 3 and 4) will give you access to the main case briefs submitted by the petitioners and respondents for the viewing of the Court. 1. http://www.scotusblog.com/case-files/cases/timbs-v-indiana/ 2. https://www.oyez.org/cases/2018/17-1091 3. https://www.supremecourt.gov/docketpdf/17/17-1091/62603/20180904160323136_petitioners %20Opening%20Merits%20Brief_17-1091_TO%20FILE.pdf 4. https://www.supremecourt.gov/docketpdf/17/17-1091/65823/20181004120802519_brief%20fo r%20respondent.pdf Please note that unlike a traditional Model United Nations committee, this brief does not contain background information, etc.. This should all be derived from the links above, in the documents themselves. Do your own due diligence to ensure you have ALL the facts, supporting a robust discussion that would make you (and your justice) proud.

17 Case Docket No. 17-1091: Timbs v. Indiana Questions to consider Note: Use these points wisely-to both structure a comprehensive opinion and to critique opposing opinions that might miss or not fully answer some of the points mentioned below. When taking the question into consideration, it is crucial that you are aware of previous case rulings, as stare decisis is relevant, especially in this case. Be sure to note the past Supreme Court tests that may be relevant 1. Whether the Eighth Amendment s excessive fines clause is incorporated against the states under the Fourteenth Amendment.