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Penn State Law students visit U.S. Supreme Court, meet with Justice Sotomayor


Students from Penn State Law’s Civil Rights Appellate Clinic recently visited the U.S. Supreme Court to observe oral arguments in Staub v. Proctor Hospital, a case in which the Clinic had filed an amicus brief. While witnessing arguments in front of the U.S. Supreme Court is in itself extraordinary, Penn State Law students arrived a day early and had the opportunity meet privately with some of the most brilliant legal minds in the country – including Supreme Court Justice Sonia Sotomayor.

In an informal question and answer session with the students Justice Sotomayor talked about an array of issues. She discussed the differences among her role as a trial judge in the federal district court, to serving as an appellate judge on the Second Circuit Court of Appeals, to now as a Supreme Court Justice. Her comments reflected the importance of the rule of law but emphasized the responsibility that attorneys carry in serving their clients’ interests.

After meeting with Justice Sotomayor, Penn State Law students met with attorney David Frederick, one of the nation’s most respected appellate advocates and a partner in the Washington DC firm Kellogg, Huber, Hansen, Todd & Evan, P.L.L.C. Mr. Frederick provided an insider’s view of appellate practice and Supreme Court practice generally. He has argued thirty cases in the Supreme Court, including nine in the past three Terms. Throughout his career, he has demonstrated an ability to persuade conservative justices to take pro-consumer positions. He is the author of dozens of legal articles and four books on appellate practice.

“It was inspiring to meet with the distinguished author and experienced appellate attorney David Frederick, who described oral advocacy as ‘an opportunity to educate the Court,’” said master of laws student Sara Humphries ‘11. “Mr. Frederick spoke to us about case preparation and explained how ‘newer’ attorneys can be valuable in that process. We were all genuinely impressed that he took time to meet with us, especially in the middle of preparing for cases that he has pending before the Supreme Court.”

Clinic served as co-counsel on brief in case argued

During their second day at the High Court, Penn State Law students observed oral arguments in Staub, a case in which the Court is asked to consider whether an employer can be held liable for the discriminatory acts of supervisors, who do not themselves make employment decisions but do influence the employment decision-makers. Students in the Civil Rights Appellate Clinic last semester served as co-counsel on behalf of three civil rights organizations and filed an amicus brief in support of Mr. Staub arguing that the employer should be held liable under such circumstances.

After observing oral argument, the students met with Eric Schnapper, the attorney who argued the case on behalf of Mr. Staub, and Eric Miller, Assistant Solicitor General, who argued the case for the U.S. Government as amicus curie, and discussed their impressions of the arguments.

"Students were not only able to see a cutting-edge employment issue argued before the highest court in the land, but then they were able to work through an analysis of the arguments made before the court by the attorney who actually argued it. This wasn’t theoretical, it was real and they were a part of it," said Michael Foreman, clinical professor and director of the Civil Rights Appellate Clinic.

On December 7, the Supreme Court will hear oral arguments in Thompson v. North American Stainless, LP, another case in which they filed an amicus brief, LP, arguing that North American Stainless violated Title VII when it fired Thompson after his fiancé complained of sex discrimination. The Court will be asked to clarify the scope of Title VII’s anti-retaliation provision. 

 

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