Brown v. Board of Education SCOTUS FILES

Brown v. Board of Education SCOTUS FILES Teaching Guide Active Learning Initiative 1

Table of Contents Purpose of the game................................. 3 Suggested Activities................................. 3 Student Assignments................................ 4 Background Information (Lecture Material).............. 9 Post-Mortem Material............................... 12 Facilitator s Role................................... 13 2

Purpose of the Game Welcome to the SCOTUS Files! SCOTUS Files is based on moot court, a role play of a Supreme Court hearing. In this activity, you will assume a role and participate in a Supreme Court hearing. The cases selected for the SCOTUS Files are some of the most important in US history. The constitutional issues involved in these cases, and the subsequent decisions made by the Supreme Court, impacted nearly every aspect of US society. Now it s your turn to debate these important constitutional issues. Will you reach the same decision as our nation s highest legal body? 3

Activities The SCOTUS FILES case Brown v. Board of Education will be played in two class periods. Class/ Out of class activity Group A&D: April 20 Group B&E: April 22 Group C&F: April 24 Class #1 Sequencing of Activities Instructor Tasks Student In-class Activities Students work on outside of class The instructor assigns the students roles and explains the nature of the game. Instructor introduces the game and gives a brief 10 to 15 minute lecture about Segregation in the school systems. Can discuss Civil Rights and the African American Civil Rights movement. The instructor gives the students specific roles; the justices are briefed on their responsibilities, and assignments made. Students begin moving through the online game interface, preparing for the hearing. Students work independently to prepare for the hearing. Justices create their questions. Respondents and petitioners prepare cases. Each respondent and each petitioner will write a 500 word brief. Out-of Class Move students into the online discussion area. Place them in the correct roles online. Assist students; answer questions. Journalists conduct interviews and background research. Students work independently to prepare for the hearing. Justices create their questions. Respondents and petitioners prepare briefs. Every individual must write a 500 word brief. Must post individual briefs on their discussion boards then must create a single presentation for the Judges. Journalists conduct interviews and background research. 4

Class/ Out of class activity Group A&D: April 27 Group B&E: April 29 Group C&F: May 1 Class #2 Sequencing of Activities Instructor Tasks Student In-class Activities Students work on outside of class Facilitate hearing. Justices in charge of class. Students engaged in hearing. Justices run hearing, asking questions. Respondents and Petitioners present their arguments. Journalists take notes and listen. Justices announce decision(s) at end of class. Respondents and Petitioners write 250 word reflective paper. Each Justice will write a 500 word ruling. Their individual rulings may be in dissent of the general Justices ruling announced in class. Out of class Instructor grades the in-class presentation piece. Journalists will write an editorial regarding the case and the ruling. Respondents and Petitioners post reflective papers online. Justices post individual ruling papers online. Journalist post individual editorials online. 5

Student Assignments Journalist The Supreme Court of the United States is the highest judicial body in the United States. As the court of last resort, the Supreme Court is often asked to rule on a lower court s decision. A hearing before the Supreme Court is not a trial and no witnesses are called. The basic facts of the original case are not under dispute. The arguments presented are usually based on legal questions related to the Constitution, applicable law, and, precedents set by other courts. As a Journalist, you will be reporting to the public the decision(s) reached by the Supreme Court. Your job is to: 1. Observe and listen to the petitioners and respondents as they prepare for the hearing. Take notes as both sides formulate their arguments and statements. (Do not disturb or interject into the conversations a good reporter simply observes and reports.) 2. Attend the moot court hearing and take notes. Afterward interview attorneys and justices. 3. Report to the public through an editorial piece. You are a newspaper editor and you will be writing this week s editorial about Brown v. Board of Education and the moot court trial. Learn more about how to write an editorial at: http://projects.edtech.sandi.net/montgomery/sandiegowatershed/how_to_write_an_editorial.htm Assignment to be graded: 1. Each journalist will research, write, and prepare an article on the case and the Justices decisions. This editorial will inform the public about the case and provide background information that includes other cases that serve as precedence. The article will also discuss the Supreme Court s decision(s). If a dissenting decision is made, the journalist will report on it, too, in the article. The journalist must post 3 times on the discussion board with research, thoughts, and ideas regarding the case. Discussion board posts due by: Group A & D due April 27. Group B & E due April 29. Group C & F due May 1. 2. The journalist will post his/her finished editorial on the discussion board. The editorial must be at least 750 words long and must cite at least 3 primary sources. Editorial paper due by: Group A & D due May 29, Group B & E due May 1, Group C & F due May 4. 6

Editorials will be graded using this rubric: Written Papers Rubric Dimension 4 3 2 1 Tot Focus Takes a clear position and supports it with well-chosen reasons and/or examples. Takes a position and provides some support. There is some development of the essay. Takes a position but essay is underdeveloped. Attempts to take a position but position is unclear OR takes a position, but provides minimal or no Organization EVIDENCE Substantiate the assertion Grammar, sentence structure, punctuation Quotations Format Is focused and well organized and uses good transitions between the parts of the paper. Examples clearly support and are relevant to the position. No real errors in grammar, spelling, and punctuation. Composition easy to understand. Accurately cited and integrated Meets basic citation requirements Reflects a Political Blog Is generally organized but has few transitions among the sections. Examples moderately support and are relevant to the position. Very few errors in grammar, spelling, and punctuation but they do not interfere with understanding. Is disorganized or unfocused in much of the essay. Parts may be disjointed and lack transitions. May be too brief. Examples are not clearly or consistently linked to the position. Some errors in grammar, spelling, and punctuation and they interfere with understanding of the composition. support. Shows little or no apparent organization. The relationship between the examples and the position is unclear. Errors in grammar, spelling, and punctuation prevent reader from fully understanding composition. N/A N/A Inaccurately cited or integrated N/A N/A Does not meet basic citation requirements Does not reflect a political blog Total Respondent/Appellee The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You must write a 500 word brief regarding your position in the argument. You must cite at least 3 primary sources in your brief. Post your brief on the discussion board. 7

3. You team must prepare an argument to be presented to the Justices. Use the individual briefs created to prepare this argument. Your arguments must persuade the Supreme Court to overturn the lower court decision. 4. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 5. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded: 1. Each member of the team will write a 500 word brief. The brief must present your position and argument. The brief is due: Groups A & D, April 27, Groups B & E, April 29, Groups C & F, May 1. 2. Each member must post a minimum of 3 times on the discussion board in preparation for the hearing. 3. Each member must write a 250 word reflective paper after the hearing. The paper is due on the discussion board. Paper due: Groups A & D, April 29, Groups B & E, May 1, Groups C & F, May 4. Petitioner/Appellant The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. 8

As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 6. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 7. You must write a 500 word brief regarding your position in the argument. You must cite at least 3 primary sources in your brief. Post your brief on the discussion board. 8. You team must prepare an argument to be presented to the Justices. Use the individual briefs created to prepare this argument. Your arguments must persuade the Supreme Court to overturn the lower court decision. 9. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 10. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation. Assignments to be graded: 4. Each member of the team will write a 500 word brief. The brief must present your position and argument. The brief is due: Groups A & D, April 27, Groups B & E, April 29, Groups C & F, May 1. 5. Each member must post a minimum of 3 times on the discussion board in preparation for the hearing. 6. Each member must write a 250 word reflective paper after the hearing. The paper is due on the discussion board. Paper due: Groups A & D, April 29, Groups B & E, May 1, Groups C & F, May 4. 9

Supreme Court Justices The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trail and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a Supreme Court Justice, you will be making a ruling in this case. Your job is to: 1. Choose a student to serve as Chief Justice. The Chief Justice will be in charge of the hearing and will call on the attorneys to present their arguments. 2. You must review the case and formulate five questions that you will ask the petitioners and respondents. 3. Listen carefully to the arguments and ask questions whenever you like. 4. All Justices must speak at the hearing. Be prepared to pose your questions. 5. After the hearing ends, discuss the case with the other justices and determine whether the decision of the lower court should be upheld or overturned. You do not have to agree. The decision delivered in class will be based on the majority vote. There can be dissenting opinions. 6. Announce your decision before leaving class. 7. Every Justice will write a 500 word brief and post it on the discussion board. The brief may agree with or dissent from the decision reached by the majority of the Justices inclass. The Justices should meet online in the discussion area and prepare in advance of the hearing date. Each Justice must prepare five (5) questions for the attorneys. During the preparation period, the Justices are to pool the questions and choose the best to be used during the court hearing. Assignments to be graded: 1. Each Justice will post five questions on the discussion board that they will ask during the hearing. These questions should address the major issues, individuals, and impact of the lower court decision. Prior to the hearing, the justices should choose the best of these questions to use during the hearing. Due: Groups A & D, April 27, Groups B & E, April 29, Groups C & F, May 1. 2. Every Justice will write a 500 word brief that explains their opinion. You may dissent from the majority decision in the brief. Simply explain why you disagree. If you agree with the majority decision, then explain why you agree. Due: Groups A & D, April 29, Groups B & E, May 1, Groups C & F, May 4. Chief Justice The Chief Justice resides over the hearing. He or she will call for each side to present its case as well as recognize other justices to ask questions. The Chief Justice will insure that the attorneys do not question each other or debate the facts of the case. The Chief Justice will ask each side to 10

present its arguments in the following order Justices may intervene and pose questions at any time. Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee Each side should have three to five minutes for its initial arguments and two minutes for rebuttal. (Time can be lengthened if the Justices intervene to pose questions). During and/or after each presentation, the Justices will question the attorney in an effort to clarify the arguments. Attorneys can and will consult as a group before responding to the Justices. 1. The Justice should encourage the attorneys to work with each before responding to questions. 2. Do not let the same attorney answer every question. Demand that others speak. 3. Insure that EVERY Justice poses a question during the hearing. After all arguments and questions have been posed, the Chief Justice will convene the Justices for a decision. The decision must be announced at the end of the class period. While a decision will be delivered orally, every Justice will write a 500 word brief of their decision. Background Information (Lecture Material) From the Brown Foundation: http://brownvboard.org/summary/ The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. Originally led by Charles H. Houston, and later Thurgood Marshall and a formidable legal team, it dismantled the legal basis for racial segregation in schools and other public facilities. By declaring that the discriminatory nature of racial segregation... "violates the 14th amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws," Brown v. Board of Education laid the foundation for shaping future national and international policies regarding human rights. 11

Brown v. Board of Education was not simply about children and education. The laws and policies struck down by this court decision were products of the human tendencies to prejudge, discriminate against, and stereotype other people by their ethnic, religious, physical, or cultural characteristics. Ending this behavior as a legal practice caused far reaching social and ideological implications, which continue to be felt throughout our country. The Brown decision inspired and galvanized human rights struggles across the country and around the world. What this legal challenge represents is at the core of United States history and the freedoms we enjoy. The U.S. Supreme Court decision in Brown began a critical chapter in the maturation of our democracy. It reaffirmed the sovereign power of the people of the United States in the protection of their natural rights from arbitrary limits and restrictions imposed by state and local governments. These rights are recognized in the Declaration of Independence and guaranteed by the U.S. Constitution. While this case was an important historic milestone, it is often misunderstood. Over the years, the facts pertaining to the Brown case have been overshadowed by myths and mischaracterizations: Brown v. Board of Education was not the first challenge to school segregation. As early as 1849, African Americans filed suit against an educational system that mandated racial segregation, in the case of Roberts v. City of Boston. Oliver Brown, the case namesake, was just one of the nearly 200 plaintiffs from five states who were part of the NAACP cases brought before the Supreme Court in 1951. The Kansas case was named for Oliver Brown as a legal strategy to have a man head the plaintiff roster. The Brown decision initiated educational and social reform throughout the United States and was a catalyst in launching the modern Civil Rights Movement. Bringing about change in the years since the Brown case continues to be difficult. But the Brown v. Board of Education victory brought this country one step closer to living up to its democratic ideas. This document tells the story of Brown v. Board of Education and the history makers involved in the case. The Case The Supreme Court combined five cases under the heading of Brown v. Board of Education, because each sought the same legal remedy. The combined cases emanated from Delaware, Kansas, South Carolina, Virginia and Washington, DC. The following describes those cases: Delaware Belton v. Gebhart (Bulah v. Gebhart) First petitioned in 1951, these local cases challenged the inferior conditions of two black schools designated for African American children. In the suburb of Claymont, African American children were prohibited from attending the area s local high school. Instead, they had to ride a school bus for nearly an hour to attend Howard High School in Wilmington. Located in an 12

industrial area of the state s capital city, Howard High School also suffered from a deficient curriculum, pupil-teacher ratio, teacher training, extra curricular activities program, and physical plant. In the rural community of Hockessin, African American students were forced to attend a dilapidated one-room school house and were not provided transportation to the school, while white children in the area were provided transportation and a better school facility. In both cases, Louis Redding, a local NAACP attorney, represented the plaintiffs, African American parents. Although the State Supreme Court ruled in favor of the plaintiffs, the decision did not apply to all schools in Delaware. These class action cases were named for Ethel Belton and Shirley Bulah. Kansas Brown v. Board of Education In 1950 the Topeka NAACP, led by McKinley Burnett, set out to organize a legal challenge to an 1879 State law that permitted racially segregated elementary schools in certain cities based on population. For Kansas this would become the 12th case filed in the state focused on ending segregation in public schools. The local NAACP assembled a group of 13 parents who agreed to be plaintiffs on behalf of their 20 children. Following direction from legal counsel they attempted to enroll their children in segregated white schools and all were denied. Topeka operated eighteen neighborhood schools for white children, while African American children had access to only four schools. In February of 1951 the Topeka NAACP filed a case on their behalf. Although this was a class action it was named for one of the plaintiffs Oliver Brown. South Carolina - Briggs v. Elliot In Claredon County, the State NAACP first attempted, unsuccessfully and with a single plaintiff, to take legal action in 1947 against the inferior conditions African American students experienced under South Carolina s racially segregated school system. By 1951, community activist Rev. J.A. DeLaine, convinced African American parents to join the NAACP efforts to file a class action suit in U.S. District Court. The Court found that the schools designated for African Americans were grossly inadequate in terms of buildings, transportation and teacher s salaries when compared to the schools provided for whites. An order to equalize the facilities was virtually ignored by school officials and the schools were never made equal. This class action case was named for Harry Briggs, Sr. Virginia Davis v. County School Board of Prince Edward County One of the few public high schools available to African Americans in the state was Robert Moton High School in Prince Edward County. Built in 1943, it was never large enough to accommodate its student population. Eventually hastily constructed tar paper covered buildings were added as classrooms. The gross inadequacies of these classrooms sparked a student strike in 1951. Organized by sixteen year old Barbara Johns, the students initially sought to acquire a new building with indoor plumbing. The NAACP soon joined their struggles and challenged the inferior quality of their school facilities in court. Although the U.S. District Court ordered that the plaintiffs be provided with equal school facilities, they were denied access to the white schools in their area. This class action case was named for Dorothy Davis. 13

Washington, DC Bolling v. C. Melvin Sharpe Eleven African American junior High School students were taken on a field trip to the cities new modern John Phillip Sousa school for whites only. Accompanied by local activist Gardner Bishop, who requested admittance for the students and was denied, the African American students were ordered to return to their grossly inadequate school. A suit was filed on their behalf in 1951. After review with the Brown case in 1954, the Supreme Court ruled "segregation in the District of Columbia public schools is a denial of the due process of law guaranteed by the Fifth Amendment " This class action case was named for Spottswood Bolling. 14

2. Every Justice will write a 500 word brief that explains their opinion. You may dissent from the majority decision in the brief. Simply explain why you disagree. If you agree with the majority decision, then explain why you agree. Due: Groups A & D, April 29, Groups B & E, May 1, Groups C & F, May 4. Chief Justice The Chief Justice resides over the hearing. He or she will call for each side to present its case as well as recognize other justices to ask questions. The Chief Justice will insure that the attorneys do not question each other or debate the facts of the case. The Chief Justice will ask each side to present its arguments in the following order Justices may intervene and pose questions at any time. Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee Each side should have three to five minutes for its initial arguments and two minutes for rebuttal. (Time can be lengthened if the Justices intervene to pose questions). During and/or after each presentation, the Justices will question the attorney in an effort to clarify the arguments. Attorneys can and will consult as a group before responding to the Justices. 1. The Justice should encourage the attorneys to work with each before responding to questions. 2. Do not let the same attorney answer every question. Demand that others speak. 3. Insure that EVERY Justice poses a question during the hearing. After all arguments and questions have been posed, the Chief Justice will convene the Justices for a decision. The decision must be announced at the end of the class period. While a decision will be delivered orally, every Justice will write a 500 word brief of their decision.

Journalist The Supreme Court of the United States is the highest judicial body in the United States. As the court of last resort, the Supreme Court is often asked to rule on a lower court s decision. A hearing before the Supreme Court is not a trial and no witnesses are called. The basic facts of the original case are not under dispute. The arguments presented are usually based on legal questions related to the Constitution, applicable law, and, precedents set by other courts. As a Journalist, you will be reporting to the public the decision(s) reached by the Supreme Court. Your job is to: 1. Observe and listen to the petitioners and respondents as they prepare for the hearing. Take notes as both sides formulate their arguments and statements. (Do not disturb or interject into the conversations a good reporter simply observes and reports.) 2. Attend the moot court hearing and take notes. Afterward interview attorneys and justices. 3. Report to the public through an editorial piece. You are a newspaper editor and you will be writing this week s editorial about Brown v. Board of Education and the moot court trial. Learn more about how to write an editorial at: http://projects.edtech.sandi.net/montgomery/sandiegowatershed/how_to_write_an_editorial.htm Assignment to be graded: 1. Each journalist will research, write, and prepare an article on the case and the Justices decisions. This editorial will inform the public about the case and provide background information that includes other cases that serve as precedence. The article will also discuss the Supreme Court s decision(s). If a dissenting decision is made, the journalist will report on it, too, in the article. The journalist must post 3 times on the discussion board with research, thoughts, and ideas regarding the case. Discussion board posts due by: Group A & D due April 27. Group B & E due April 29. Group C & F due May 1. 2. The journalist will post his/her finished editorial on the discussion board. The editorial must be at least 750 words long and must cite at least 3 primary sources. Editorial paper due by: Group A & D due May 29, Group B & E due May 1, Group C & F due May 4.

Editorials will be graded using this rubric: Written Papers Rubric Dimension 4 3 2 1 Tot Focus Takes a clear position and supports it with well chosen reasons and/or examples. Takes a position and provides some support. There is some development of the essay. Takes a position but essay is underdeveloped. Attempts to take a position but position is unclear OR takes a position, but provides minimal or no support. Organization Is focused and well organized and uses good transitions between the parts of the paper. Is generally organized but has few transitions among the sections. Is disorganized or unfocused in much of the essay. Parts may be disjointed and lack transitions. May be too brief. Shows little or no apparent organization. EVIDENCE Substantiate the assertion Examples clearly support and are relevant to the position. Examples moderately support and are relevant to the position. Examples are not clearly or consistently linked to the position. The relationship between the examples and the position is unclear. Grammar, sentence structure, punctuation No real errors in grammar, spelling, and punctuation. Composition easy to understand. Very few errors in grammar, spelling, and punctuation but they do not interfere with understanding. Some errors in grammar, spelling, and punctuation and they interfere with understanding of the composition. Errors in grammar, spelling, and punctuation prevent reader from fully understanding composition. Quotations Format Accurately cited and integrated Meets basic citation requirements Reflects a Political Blog N/A N/A Inaccurately cited or integrated N/A N/A Does not meet basic citation requirements Does not reflect a political blog Total

Petitioner/Appellant The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You must write a 500 word brief regarding your position in the argument. You must cite at least 3 primary sources in your brief. Post your brief on the discussion board. 3. You team must prepare an argument to be presented to the Justices. Use the individual briefs created to prepare this argument. Your arguments must persuade the Supreme Court to overturn the lower court decision. 4. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 5. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation.

Assignments to be graded: 1. Each member of the team will write a 500 word brief. The brief must present your position and argument. The brief is due: Groups A & D, April 27, Groups B & E, April 29, Groups C & F, May 1. 2. Each member must post a minimum of 3 times on the discussion board in preparation for the hearing. 3. Each member must write a 250 word reflective paper after the hearing. The paper is due on the discussion board. Paper due: Groups A & D, April 29, Groups B & E, May 1, Groups C & F, May 4.

Respondent/Appellee The Supreme Court of the United States is the highest court in the land and the court of last resort. A Supreme Court decision is law. The court is often asked to rule on a lower court s decision. This is not a trial and no witnesses are called. The basic facts of the case are not under dispute. The arguments presented are based on the Constitution, applicable law, and previous court precedents. The arguments are not to be rooted in legal technicalities. As a petitioning attorney, you will be making an argument in this case to overturn a lower court s ruling. Your job is to: 1. Choose two students to function as the head attorneys. These attorneys will make the initial presentations and the rebuttals to the Justices. The other attorneys will be responsible for answering the justices questions. 2. You must write a 500 word brief regarding your position in the argument. You must cite at least 3 primary sources in your brief. Post your brief on the discussion board. 3. You team must prepare an argument to be presented to the Justices. Use the individual briefs created to prepare this argument. Your arguments must persuade the Supreme Court to overturn the lower court decision. 4. When discussing the arguments, you should consider: What does your side want? What are the arguments in favor or against each side? Which arguments are the most persuasive and why? What are the legal precedents and how do they influence this case? (A precedent is a previously decided case recognized as the authority for future cases on the issue. Using precedents allows for the development of more sophisticated arguments). What will be the consequence of each decision? To each side? To society? Are there other alternatives besides what each side demands? 5. Each side will have three to five minutes for initial arguments and two minutes for rebuttals. The Justices may intervene at any time to pose questions. The hearing will follow this schedule: Initial Presentation Petitioner/Appellant Initial Presentation Respondent/Appellee Rebuttal Petitioner/Appellant Rebuttal Respondent/Appellee The petitioning attorneys should meet and prepare in advance for the hearing. Each attorney will contribute to the argument and presentation.