Oyez! Oyez! Oyez!: Simulating the Supreme Court

Article III of the U.S. Constitution outlines the roles and responsibilities of the Supreme Court of the United States. According to Article III, Section 1:

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."

Since 1869, the Supreme Court has consisted of nine members, with one Chief Justice and eight Associate Justices. Traditionally, the Supreme Court begins its term on the first Monday of October and concludes its work in June. The following resources offer more on the history of the institution, its rulings, those who have served on the bench, and other relevant information about the highest court in the country. 

• Oyez.org provides a variety of resources on the Supreme Court including justice biographies, summaries and oral arguments for cases, and news regarding the court’s activities.
• The Library of Congress provides a collection that contains a variety of Supreme Court reports.
• The education page of The United States Courts website features a variety of resources for educators. If you are looking to extend this lesson, this website has resources to discuss landmark cases relevant to students and schools.
• The National Archives provides a full transcript text of the Constitution, where Article III establishes the Supreme Court.
• The Crash Course Government and Politics Playlist provides a variety of videos on the judicial system and the Supreme Court. Episodes 18-22 cover the judicial branch as a whole, with episode 20 specifically focusing on the Supreme Court. Episodes 23-26 cover first amendment rights that might be relevant in these cases.
• This Interview with Mary Beth Tinker provides context and information about the landmark Tinker v. Des Moines case.
• PBS Newshour reported on a story that discusses schools monitoring social media and issues of student free speech outside the classroom.

NCSS.D2.Civ.4.6-8. Explain the powers and limits of the three branches of government, public officials, and bureaucracies at different levels in the United States and in other countries.

NCSS.D1.5.6-8. Determine the kinds of sources that will be helpful in answering compelling and supporting questions, taking into consideration multiple points of views represented in the sources.

NCSS.D3.1.6-8. Gather relevant information from multiple sources while using the origin, authority, structure, context, and corroborative value of the sources to guide the selection.

NCSS.D3.3.6-8. Identify evidence that draws information from multiple sources to support claims, noting evidentiary limitations.

NCSS.D1.5.9-12. Determine the kinds of sources that will be helpful in answering compelling and supporting questions, taking into consideration multiple points of view represented in the sources, the types of sources available, and the potential uses of the sources.

NCSS.D2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

NCSS.D2.Civ.9.9-12. Use appropriate deliberative processes in multiple settings.

NCSS.D3.4.9-12. Refine claims and counterclaims attending to precision, significance, and knowledge conveyed through the claim while pointing out the strengths and limitations of both.

These discussion questions can help to generate thoughtful inquiry throughout the unit:

• What rights do you have as a citizen of the United States?
• What are civil liberties?
• How are the rights of students different from the rights of adults?
• What is the difference between probable cause and reasonable suspicion?
• Do regulations and school policies limit the rights of students?

Activity 1. Oyez! Oyez! Oyez!

Using the Supreme Court Website, have students research the United States Supreme Court. Using this handout, students will be able to organize information about the Constitutional responsibilities of the Supreme Court.

Organize a discussion about what students have learned from the resources to determine if further inquiry is needed prior to engaging in independent research and the simulation activity:

• What qualifications are required in order to be a Supreme Court Justice?
• What factors factor into nominating and confirming a Supreme Court Justice?
• According to the Constitution, what are the roles and responsibilities of the Supreme Court?
• What are the functional differences between the Supreme Court and lower courts?
• Why is no evidence directly presented to the Justices of the Supreme Court?
• What are the positive and negative aspects of appointing a Supreme Court Justice for life?
• What types of cases does the Supreme Court hear?

Activity 2. Court Case Analysis

The Activity 2 handout provides students the opportunity to organize their examination of the landmark court case Tinker v. Des Moines (1969). The Tinker case involved a group of students who wore black armbands to school in protest of the Vietnam War. The students were ultimately suspended from school for disruptive behavior and chose to sue the school district, arguing that their free speech rights were violated. At issue: Did the decision to prohibit students from wearing armbands violate their free speech rights?

Activity 3. Supreme Court Case Research

After students have been assigned their roles in the case (see activity 4), have students begin their research in making arguments for their court case. Students can use any of the following resources to make their case, as well as those they find on their own.

The Activity Three handout outlines notes on the court cases that can help students to organize their information and research, and can be included in the final portfolio.

Court Cases involving Schools, Education, and Free Speech:

• Doninger v. Niehoff (2008)
• West Virginia State Board v. Barnette (1943)
• Wisneiewski v. Board of Education (2007)
• R.S. et al v. Minnewaska Area School District No. 2149 et al 
• Hazelwood School District v. Kuhlmeier (1988)
• Bethel School District No. 403 v. Fraser (1986)
• Island Trees School District v. Pico (1985)
• School District of Abington Township, Pennsylvania v. Schempp (1963)
• New Jersey v. TLO (1985)
• Board of Education of Independent School District #92 of Pottawatomie County v. Earls (2002)
• A.N. v. Upper Perkiomen School District (2017)
• Canady v. Bossier (2001)
• Morse v. Frederick (2007)
• Goss v. Lopez (1975)
• Roper v. Simmons (2005)

Research Databases:

• Justia Dockets and Filings allows students to search court case filings from the U.S district courts and U.S. Court of Appeals directly. Students can also browse by state, circuit, and type of lawsuit filed to find cases that are relevant to their arguments.
• Congress.gov provides a space for students to search for federal laws that might be valid in their arguments.
• Oyez also provides resources to search Supreme Court cases, along with how justices voted on the issue.
• FindLaw also provides resources for searching court cases online.
• While looking at the Constitution, the National Archives provides research options for students to look up articles that might be related to this case.

Activity 4. Supreme Court Simulation

The Layshock v. Hermitage School District (2011) case can be used for the simulation (the Supreme Court declined to hear the case in 2012, so there is no ruling to sway or limit student research) or this case can serve to inform the question students research and ultimately argue in favor of or against. Although any court case can be argued in front of the court, this case deals specifically with issues of free speech, school administration, and individual rights that are particularly relevant to students. Note: While students may want to point out the irrelevancy of the social media platform involved in this particular case in comparison to other social media platforms, it is important that students understand that the case is not about any platform in particular, but whether the actions taken were a violation of the First Amendment. 

The simulation is based on students taking on roles related to the researching and conducting of a Supreme Court case:

Justices—The justices will be making the final decision in the case. During the research period, Justices should research how the Supreme Court functions, landmark cases, how justices write opinions of the court, and information on the Constitution, with particular attention to the First Amendment. These notes will be used to prepare them for their role as a Justice. The following handouts can help them prepare for the trial:

• Justice Biography Handout—For their interview with the reporter, this handout can help students develop their backstory as a Justice. It also helps students to consider the qualifications, history, and differences between Supreme Court Justices.
• Justice Question Development Handout—Once students have read the written argument from each side, this handout will help them to prepare questions for the trial.

Clerks—Students can serve as clerks for the Justices and carry out the role of researcher and question designer. 

Solicitor General—These students will present the case and respond to questions from the Justices. During the research period, the team will study the provided court cases, search for other precedents to support their cause, and develop arguments that defend their client. 

• Case Research Handout—This handout will help students to outline important court cases and determine how they would use them in the trial.

Prosecutorial Team—These students will be making an argument for the plaintiffs in front of the Justices. During the research period, the prosecutorial team will study the provided court cases, search for other precedents to support their cause, and develop strong evidence-based arguments.

• Case Research Handout—This handout will help students to outline important court cases and determine how they would use them in the trial.

Journalists—Students who take on the role of journalists can research the background of relevant court cases and conduct interviews with other students involved in the simulation. As assessment, they will have to submit newspaper articles about the case.

• Journalist Interview Preparation Handout—This handout will help students to prepare questions for each of their interviews based on the person’s individual role.

Marshal of the Supreme Court—This role will be played by the instructor. This gives you the power to oversee the proceedings of the court and keep the classroom in order during the simulation.

Once students have researched and begun to develop arguments as a group, they will put together a brief for the Justices to review before the case. This should include the arguments they intend to make, as well as cited evidence from other court cases. The Justices will review this before the case is argued so that they can develop the questions they will ask.

Unlike the real Supreme Court, this simulation will feature multiple people making the argument for each side. Each side will have a specific period of time to make the argument for the case (the real Supreme Court allows half an hour, but that can be adjusted to fit your class needs). During the oral argument, each student should be responsible for part of the argument. While students are presenting their case, Justices are aloud to ask questions directly to the lawyers.

Once both sides of the case have argued, Justices will deliberate together and make a final decision. Justices will then vote on the issue to close the case.

If there have been any concerns about student free speech, controversial curriculum, or inappropriate library materials in your school or area, this activity can also be tailored to fit your specific learning community. For a printable set of these directions and resources, use this handout.

Students will create a portfolio based on their role in the trial. This can include their research for the case, brief(s) provided to the Justices, notes on planning the arguments, a final writing piece that reflects on the trial, and any other relevant materials from this unit. The final writing prompt can be different for each group.

Justices—Each justice will write their own opinion on the case, citing specific evidence provided by the two teams of lawyers and their own research. This piece of writing should explain why and how they made their decision on the case, including reference to how the Constitution informed their ruling.

Lawyer teams—Each of these students should write a reflection about the case. It should include information about what they contributed to the case, how they would approach the case differently again, their interpretation of the Constitutional issues involved in the case, and whether they agree with the decision made by the Justices.

Journalists—Using the information provided by both teams of lawyers, the oral arguments, and interviews with each team, the students will write a final newspaper argument documenting the events of the trial and the arguments for each side.

Research Databases:

• Justia Dockets and Filings allows students to search court case filings from the U.S district courts and U.S. Court of Appeals directly. Students can also browse by state, circuit, and type of lawsuit filed to find cases that are relevant to their arguments.
• Congress.gov provides a space for students to search for federal laws that might be valid in their arguments.
• Oyez also provides resources to search Supreme Court cases, along with how justices voted on the issue.
• FindLaw also provides resources for searching court cases online.