The Supreme Semester:  Finding Justice Alito

For two days in April, twenty RWU Law students, accompanied by Professors Diana Hassel and Jared Goldstein, got a close up view of litigation in the United States Supreme Court.  Before the trip, students read and discussed Active Liberty by Associate Justice Stephen Breyer and A Matter of Interpretation by Associate Justice Antonin Scalia.  They also read the briefs and lower court decisions in cases that were argued in the Court this term.

The group heard arguments in two cases, Plains Commerce v. Long Family and Bridge v. Phoenix Bond & Indemnity.  The first case raised issues related to the jurisdiction of Indian Tribal Courts and the second concerned the elements required to establish a civil RICO violation. 

After the arguments, the group was given a tour of the Supreme Court building, including the court room and the library.  Associate Justice Samuel Alito then met with the group and answered questions.  He discussed his experience on the Court and his role as the most junior justice.  He also talked about his interpretative theories and how he approaches the cases before him.  Justice Alito’s clerk stayed behind after the Justice left and was able give the students the inside scoop on the day to day life of a clerk for the Highest Court in the Land. 

After leaving the Court, the group walked down Constitution Avenue to the Justice Department.  Assistant Solicitor General Eric Miller, who had argued Phoenix Bond, met with the students.  Mr. Miller talked about the process of preparing for an argument before the Court and about the way in which the Solicitor’s General’s office decided how to approach cases before the Court.

The next day, the group met with Senator Sheldon Whitehouse (D.-R.I.) at his office on Capitol Hill.  The Senator described his own experience of arguing before the Supreme Court when he was Rhode Island Attorney General.  He also discussed some of the issues currently before the Senate Judiciary Committee and his thoughts on the Democratic presidential nomination race.  One of his staff members then escorted the students to the Capitol Building.  The first part of the tour was the old Supreme Court Chambers – the Supreme Court sat in the basement of the Capitol Building from 1805 until in moved into its own stately structure in 1935.  Last stop was the Rotunda of the Capitol and students were also able to watch the Senate in session from the Gallery.

Following the tour of the Capitol, the group dispersed to spend a few hours in Washington.  Some visited museums; others went to the National Archives to see the Constitution and other foundational documents. 

Many thanks to Mark Mandell, Esq., whose generousity funded the trip once again this year.