1. Supreme Court Summer Institute for Teachers

2. MOOT COURT PREPARATION AND PRESENTATION

3. STEPS IN A MOOT COURT “The Honorable, the Chief Justice and the Associate Justices of the Supreme Court of the United States. Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God Save the United States and this Honorable Court!” The justices enter and the marshal or clerk says, The chief justice calls the case. (“We’ll hear argument today in case number XX-XXXX, Smith v. Jones”)

4. STEPS IN A MOOT COURT Petitioner’s Argument (5 minutes*) Respondent’s Argument (5 minutes*) Petitioner’s Rebuttal (3 minutes) Respondent’s Rebuttal (3 minutes) Justices Deliberate and Announce Decision * Street Law’s civility rule – no questions from the justices for the first 30 seconds

5. TIPS FOR ATTORNEYS Your first words: “Mr./Ms. Chief Justice and may it please the court. My name is XXX and I represent XXX in this case.” Don’t argue the facts. This is about the law. Have a strong opening sentence or two. Answer questions briefly and directly. Have a theory (or two) of the case and return to this argument when you can. Try to help the justices figure out a way to decide the case your way. Don’t fight them.

6. TIPS FOR JUSTICES Think about (write down) questions for both sides. Prepare questions, not speeches. Consider how a ruling in the case might affect other cases – ask hypotheticals. Remember that the lawyers only have the material you’ve seen – don’t ask about the “record below” or about precedents not in the materials you’ve received.

7. The First Amendment: Establishment Clause “Congress shall make no law respecting an establishment of religion”

8. The First Amendment: Establishment Clause Tests “Congress shall make no law respecting an establishment of religion” The Endorsement test The Coercion test

9. The First Amendment: Establishment Clause Tests “Congress shall make no law respecting an establishment of religion” The Endorsement test a government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion. The Coercion test

10. The First Amendment: Establishment Clause Tests “Congress shall make no law respecting an establishment of religion” The Endorsement test a government action is invalid if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion. The Coercion test a government action is valid unless it (1) provides direct aid to religion in a way that would tend to establish a state church, or (2) coerces people to support or participate in religion against their will.

11. Marsh v. Chambers Nebraska Legislature’s long-standing tradition to have a non-sectarian prayer led by a state-employed chaplain. Constitutional: Congress has had such prayer, basically forever. As long as Nebraska prayer does not proselytize, disparage any religion, or advance any one faith or belief.

12. Town Board Meetings in Greece Meetings include: opening prayer, pledge of allegiance, a public forum, awards and recognitions, oaths for new officers, and regular business like deciding whether to grant or deny zoning permits and business licenses. Prayer: public address system audience sometimes asked to participate no formal policy for recruiting prayer leaders no control over content

13. Timeline before 1999: Meetings opened with a moment of silence 1999: prayer was instituted 1999-2007: Town staff called local clergy and invited them to offer the opening prayer. Every prayer was given by a Christian clergy member. About 2/3 included specific Christian references (“Jesus,” “Holy Spirit,” “Christ,” “Easter”) 2007: Some attendees had been complaining about the prayer practice. In 2008, two people (a Jew and an atheist) filed a lawsuit 2008: The board invited some non-Christians to lead prayers. Between 2008-2010, four prayers were delivered by non-Christian individuals. 2010: the case went to trial and the record is closed.

14. Marsh v. Chambers Nebraska Legislature’s long-standing tradition to have a non-sectarian prayer led by a state-employed chaplain. Constitutional: Congress has had such prayer, basically forever. As long as Nebraska prayer does not proselytize, disparage any religion, or advance any one faith or belief.

15. Supreme Court Summer Institute for Teachers