Supreme Court Litigation Clinic: Clinical Methods

Catalog description

The Supreme Court Litigation Clinic will expose students to the joys and frustrations of litigation before the Supreme Court of the United States. The bulk of the clinic will be run as a small law firm working on live cases before the Court. Students will participate in drafting petitions for certiorari and oppositions, merits briefs, and amicus briefs, compiling joint appendices, and preparing advocates for oral argument, as well as commenting (the technical term is "kibbitzing") on drafts of briefs being filed by lawyers in other cases. The precise nature of the cases will depend on the Court's docket, but in recent Terms, the clinic's cases have involved federal criminal law and procedure, habeas corpus, constitutional and statutory antidiscrimination and employment law, bankruptcy law, and the First Amendment. Our aim is to involve students as fully as possible in this type of litigation. The Clinic begins with an intensive introduction to the distinctive nature of Supreme Court practice, including the key differences between merits arguments and the certiorari process, the role of amicus briefs, and the Supreme Court Rules. After that, seminar meetings will be devoted primarily to collaborative work on the cases the clinic is handling. While students will be primarily responsible for working in teams on one case at a time, they will also be expected to acquire familiarity with the issues raised in other students' cases and will both edit each others' substantive work and assist each other and the instructors with the technical production work attendant on filing briefs with the Supreme Court. The course will involve substantial amounts of legal research. The Supreme Court operates on a tight, and unyielding deadline, and students must be prepared both to complete their own work in a timely fashion and to assist one another and the instructors on other cases. The…