1. Refresh your memory by going over the assigned articles, the presentation your group prepared, and any notes you may have taken during class discussion.
2. Describe the history of the litigation:
How did the case began? Who are the parties? What were the claims made by the parties in the lower court? Was it a state or a federal court? What was the decision of the lower court? What was the logic, precedent and /or doctrine invoked by the court?
What were the claims made before the appellate court? How did they differ from those made in the lower court ? What was the decision of the appellate court? Did it reach a state supreme court? If so, what did it decide? What were the logic, precedents and/or doctrine invoked by the court?
3. Discuss social and legal issues that are at the heart of the litigation. Are these new or old issues? Were these new issues or did they exist before, perhaps in a slightly different form? If so, what is new about the current litigation?
4. SCOTUS accepts for review only a very small fraction of the appeals sent to it. Why do you think SCOTUS agreed to hear the case you work on?
5. Discuss the “friends of the court” briefs : Who are the organizations that put the briefs forward? What interests did they represent? What arguments they make in the briefs?
6. Discuss the decision of SCOTUS (if already made) or the predications (if not yet made). Do you concur with SCOTUS’ logic? How will the decision shape the future of the issues at hand?
