SCOTUS

Today, I saw an oral argument at the Supreme Court!  My Public Interest Advocacy professor, Deepak Gupta, was arguing for the respondents in AT&T Mobility v. Conception.  The case raises the question of the enforceability of class action bans in employment and consumer contracts.  SCOTUSblog gives a plain English summary of the issue:

Parties may sometimes settle disputes through arbitration, rather than litigation. When the dispute involves numerous similarly situated individuals, a few individuals may conduct the arbitration on behalf of the larger groups (similar to a class action lawsuit). Does the Federal Arbitration Act prohibit states from mandating that class arbitration be available as a part of every arbitration agreement?

It was very exciting to actually see a full oral argument.  I attempted to attend an oral argument during my 1L year, but I did not arrive early enough to be seated for the full argument.  They only let in the first 50 or so people, whilst the rest are relegated to a line that cycles through the back-most seats in three-minute intervals.  Thus, for this oral argument, I was determined to get in line early enough to get a seat!  My classmate and fellow journal member Amy and I met at the Supreme Court shortly before 6:00 am, and were the first two people in line.  (Full disclosure: I was actually the fifth person, but persons two through four let me cut in line to be with Amy, who was legitimately first in line.)  We got there waaaaay earlier than was necessary, but made some friends in line while waiting for the sun to rise and warm us up.  Amy went on a coffee run at one point, thank goodness.  Around 7:20 am, they handed out little cards with numbers on them so that we wouldn't have to stay in line:

Sadly, they didn't let us keep the cards, but at least I got a photo.  At 7:30 am, the Supreme Court cafeteria opened, and most people in line (around 65 people at that point) went inside because it was so chilly.  (Marble is cold to stand upon--go figure!)  Around 8:15 am, we went back outside, because the security guards warned us that the line sometimes moves as early as 8:30 am.  However, the line didn't move until 9:00 am, at which point we went through security, put all of our belongings in lockers, and then went through some more security.  Finally, at 9:25 am, we entered the courtroom!  I have been in the courtroom several times before, but I always appreciate the grandeur of the room.  The sense of justice is nearly palpable!

The justices entered the courtroom promptly at 10:00 am.  It was very exciting to see the newest additions to the court, Justices Sotomayor and Kagan.  Before the proceedings began, they swore in a bunch of lawyers to the Supreme Court bar--so jealous!  Members of the bar don't have to wait in line, and get to sit closer.  I truly enjoyed watching my professor argue before the Supreme Court; I think he did a great job, and handled tough questions from Chief Justice Roberts exceedingly well, especially given that it was his first time arguing before the Supreme Court.  I would have been so nervous!  Later this afternoon, I attended a panel discussion with my professor and a couple of authors of amicus briefs, which was very interesting.  I have no idea which way the court will come out on the issue.  It seems that Justices Breyer, Ginsburg, Sotomayor, and Kagan were on the respondents' side, but it's difficult to tell whether they can get a fifth vote--perhaps the mysterious Justice Thomas?

Anyhow, Amy and I had a wonderful time, and I highly recommend the experience to anyone in D.C. who doesn't mind getting up early.  Now, if I could only find a way to get a White House tour (I've been on a waiting list with Eshoo's office for two years), my government branches experience would be complete!