Winter’s Coming
Winter is coming…it’s definitely on it’s way. High today is 39…we’ll be really nice on Monday though. Monday we have a high of 53 and at least some sunshine. By Wednesday we’ll see some snow and a high of 35. Apparently the weather guys around here expect us to see a real serious shot of cold arctic air 12-14 days from now. That kind of thing, they’re good at predicting. The actual temps or whether we’ll see precip…not a chance. But in terms of knowing when we’re going to see significantly colder temps (the kind that only come from a shot of cold Canadian air)…they’re usually pretty good.
I have my moot court exercise today. If anyone’s interested in reading the case we’re doing, it’s Virginia v. Barry Elton Black. Richard J. Elliott, and Jonathan O’Mara. You can find it here. (opens in new window) That link is to the initial grant of certiorari, followed by all of the opinions written on it by the Supreme Court. It’s a case that deals with hate speech and cross burning. For the exercise, what the Supreme Court actually decided on the case has no bearing. All previous precedents, however, remain binding. So, my partner and I can argue that the statute in question is constitutional, even with the prima facie clause (the Supreme Court said the statute was unconstitutional because of the prima facie clause). I’m arguing the case against Barry Black (the section of the case that really deals with the prima facie clause) and my partner is dealing with the other two defendants. It’s an interesting case, especially when you look at it with regards to R.A.V. v. St. Paul (the relevant portions are cited in the opinions above). Since my partner and I are arguing that the statute is facially constitutional, we really looked hard at Thomas’s dissent (also included in the link above).
Okay…back to work for me and remembering the arguments I want to make. I have to know them all well, because the professor and TA serving as justices in the exercise can and WILL interrupt us with questions. So you have to know your case and argument inside and out and be able to answer their questions in addition to getting back on track after answering the questions. Also, we only have 5-6 minutes each to speak and that includes the time used by the justices asking questions and us answering their questions, in addition to the overall arguments we want to each present.