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SKILL SHARPENER
Georgetown University Law Center’s Supreme Court Institute Sheds Light on Supreme Court Oral Argument Techniques [by Erica Winter] Before the United States Supreme Court heard arguments in the case United States v. Booker last October, the winning side was mooted at Georgetown University Law Center’s Supreme Court Institute, Washington, DC.
The Booker decision on federal sentencing
Georgetown.
Cases are usually mooted the week before the actual Supreme Court oral arguments
guidelines was handed down on January 12 and will have a “huge impact,” says George-
The program has a simple yet lofty goal: im-
are scheduled to be heard, says Rebecca
town Law Center Professor Steven Goldb-
prove the arguments put before the Supreme
Cady, who works full time as the Institute’s
latt. While the Court did not invalidate the
Court. Though there are many takers for
student fellow and is in the third year of the
sentencing guidelines entirely, it did say that
Georgetown’s program, all must follow its
four-year Georgetown Law evening program.
the guidelines were not mandatory.
guidelines. The moot court is non-partisan,
Mooting allows the lawyer time to make
completely pro bono, confidential, and first-
changes to the arguments and hone the case
Georgetown Law has more faculty members
come first-served. In addition to preserving
before climbing the marble steps. It is “the
who have argued before the United States
an unbiased assessment of the arguments,
final dress rehearsal,” says Cady.
Supreme Court than any other law school. It
the program will not moot both sides of the
is for this reason, combined with the fact that
same case.
Georgetown law students are invited to at-
the Supreme Court itself, that the school’s
Once a case has been put on the Supreme
10 or 20 come to any one session, says Gold-
Supreme Court Institute was launched about
Court’s calendar, a lawyer can contact
blatt. Each student must sign a confidential-
four years ago, says Goldblatt, who has
Georgetown’s Supreme Court Institute and
ity agreement promising not to reveal what
argued five cases before the Court and is the
request a moot session. If there is space on
took place at the session, and students may
institute’s Director.
the calendar, and the other side of the case
not comment during the proceedings, only
has not beaten him or her to it, the lawyer
observe.
tend the moot court arguments, and usually
the law school is only three blocks away from
Professor Richard Lazarus, who is currently
can arrange to moot the case. “We’re there
on leave as Director, originally founded the
to help anyone who wants that help,” says
However, cases are discussed with students
institute.
Goldblatt.
after the moot session, covering both the
The Supreme Court Institute hosts panel
At the moot court session, five or six experts
techniques, says Goldblatt. Students often
discussions on the Court, offers continuing
will sit on a panel to hear the case. The panel
attend moot sessions for classes and clinics.
legal education for practicing lawyers, and
could be comprised of any mix of faculty
Ideally, students will also attend the real Su-
invites guest speakers to campus. There are
members with Supreme Court experience,
preme Court session dealing with the same
plans to expand the Institute’s reach, says
former Supreme Court clerks, and lawyers
case they saw in the moot session, says
Goldblatt.
from the D.C. area, many of whom have been
Goldblatt, to see the parallels and the differ-
substance of the case and the argument
before the Supreme Court, says Goldblatt. The core of the Institute right now, however,
ences--both in questions from the bench and in arguments from lawyers.
is its Supreme Court Moot Court Program-
The panelists pepper the lawyer with ques-
one of the few organized forums allowing
tions on his or her case just as the Supreme
While public service is the main purpose of
lawyers to practice the arguments that will
Court justices would, says Goldblatt. While
the moot court sessions, students benefit
go before the Supreme Court. The program
panelists do not adopt the personality or
from seeing the inner workings of Supreme
“took off like wildfire,” says Goldblatt. By the
mindset of a specific justice, they do try to
Court preparation, says Cady. The moot
program’s second year, they were turning
cover questions that truly might be raised in
sessions are “very candid,” because they are
people away. In fact, half of the cases heard
the Supreme Court session.
closed to the public and confidential.
by the court last year were first mooted at
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