Oral Argument at the U.S. Supreme Court

This Monday, the first Monday in October, signaled the beginning of the U.S. Supreme Court term. On Wednesday, I joined the lines of people waiting at the Supreme Court steps to listen to oral argument for the employee rights case Crawford V. The Metropolitan Government of Nashville and Davidson County.

The public began lining up for the 1 PM oral argument at 9:30 AM. As I waited in line, I was entertained by a group of silent protesters, their mouths sealed with pieces of tape that read, "Life." I watched as members of the Navy were whisked away in black cars after arguing that sonar used in Southern California Naval exercises did not present significant harm to whales.

At 11 AM, when a police officer announced that only the first 25 people in line would be admitted to the 1 PM oral argument, the crowd panicked. A man in front of me tattled on a group ahead of him that had saved spots in line for friends. He left enraged after the police officer told him that he could do nothing to reprimand the spot-savers. Luckily, around 12:45 PM, the police officer led a larger-than-normal group into the Supreme Court. After passing through security and placing all my belongings in a locker, I filed into the curtained courtroom.

The Case: Vicky Crawford, an employee of the Metropolitan School District for 30 years, participated in an internal investigation of her employer. Her employer, one of the highest ranking officials in the school district, was investigated after several female employees expressed concern about sexual harassment. When questioned, Crawford told the investigator that she was sexually harassed by her boss. As soon as the investigator's report was released, Crawford was fired. Crawford's attorneys argued that Crawford's cooperation with the unofficial investigation was protected under Title VII (Section 704(a)) of the 1964 Civil Rights Act. The Metropolitan Government countered that employees are only protected against retaliation when charges are formally filed with the EEOC (Equal Employment Opportunity Commission). According to the Metropolitan Government, Crawford did not actively "oppose" her employer's sexual harassment. Opposition is a crucial clause in Title VII. After losing her appeal at the U.S. States Court of Appeals for the Sixth Circuit, the U.S. Supreme Court decided to hear Crawford's case.

The Oral Argument: In oral argument, each lawyer has 30 minutes to make their case. I was surprised to learn that oral argument is structured more as a question and answer session than as a typical courtroom procedure in which attorneys state their key points after making opening and closing statements. In the argument that I attended, the lawyers barely spoke for a minute before they were drilled by the nine Supreme Court Justices. Specifics of the case were not addressed. Instead, the Justices asked hypothetical questions to get a feel for the precedent they will set based on their decision. The Crawford case also illustrated that my English Literature major matters. The main conflict between both sides centered on the connotations of the word, "opposition." (Lawyers debated whether the opposition clause of Title VII applies to Crawford. One side said that she opposed her employer's sexual harassment by simply telling him to get out of her office. The other side said that the definition of the word "oppose" calls for action. It is not enough to participate in an internal investigation. Crawford should have filed official charges.) The Justices were animated during the argument. The most poignant comments came from Justices Ginsburg, Kennedy, and Breyer. Except for Justice Scalia, notorious for his outspokenness and extremely Conservative beliefs, the Justices seemed to support Crawford.

The Process: The Supreme Court only hears about 100 of the 10,000 petitions filed each term. Before hearing an argument, the Justices read through all legal briefs so that they are familiar with the case and the legal positions of each party. During an argument week, Justices hold private conferences and take a preliminary vote on the case. The Justices then select someone in the majority to write an opinion. Once the draft opinion is agreed upon by all the Justices in the majority, the decision is announced in a court session. There is no set deadline for when the Justices must reach a decision. All cases argued, however, are decided before the summer recess begins.

Fun Facts about the U.S. Supreme Court: These are some fascinating facts from my new Pocket Constitution (Yes, I bought a pocket constitution! Now I will be aware of my rights everywhere I go):

• The Supreme Court had no docket and made no decisions during its first term in 1790. When the U.S. capital moved to Washington, D.C. in 1800, the Supreme Court did not even have a courtroom. Congress provided a small committee room in the basement of the Capitol, where the Court stayed until the Civil War.
• Justice Byron White is the only Justice inducted in the Football Hall of Fame.
  
• Jimmy Carter is the only president to serve a full term without nominating a Supreme Court justice.
• Thomas Jefferson broke the tradition of justices wearing wigs.
  

The Rest of the Week at a Glance:

• Took a 4-hour practice LSAT through Kaplan. Brutal
• Went tango dancing at the West End Library
• Climbed to the top of the Old Post Office to see the view of D.C.
  
• Listened to a lecture by Jim Clyburn, the Majority Whip for the U.S. House of Representatives
  
• Ate Malaysian food at a restaurant in Dupont Circle
• Visited Madame Tussauds Wax Museum. Wonderful selection of wax political figures