Supreme Court Preview

Since 1987 the Law School has hosted an annual Supreme Court Preview. Held each fall just before the U.S. Supreme Court convenes, the Preview brings together legal scholars, lawyers and court journalists from across the country to examine the cases scheduled to be considered by the Court in its upcoming term. The two-day event features a Moot Court session and numerous panel discussions.

"This year's Preview was one of the best," said Neal Devins, Goodrich Professor of Law and director of the Institute of Bill of Rights Law (IBRL), of the 2008 event. "With two former Solicitors General, four federal appeals court judges and panelists who argued several hundred cases before the Supreme Court we had an unbelievably talented group of panelists this year. More than that, the 2008 elections put into focus how much the Supreme Court might change over the next four years."

Just like its namesake, the preview is called to order by the session's 'bailiff' (an honor bestowed upon a William & Mary law student).

"What struck me was the solemnity of it," said the 2008 bailiff Matthew Myer.

Myer is a first-year law student and a student fellow at the Institute of Bill of Rights Law, the event's sponsor. Myer noted the evening was his first time in a courtroom – moot or otherwise.

This year's moot case – FCC v. Fox Television, a case regarding the use of indecent language on broadcast television – pitted Erwin Chemerinsky, dean of the University of California, Irvine School of Law and Tom Goldstein of the law firm Akin Gump.

Several noted scholars from the Law School faculty participated, including William W. Van Alstyne, Timothy Zick and Davison Douglas. Other Moot Court judges and panelists included USAToday reporter Joan Biskupic, who has been a part of every Preview since its inception, Robert Barnes, Supreme Court writer for the Washington Post; and David Savage, the long-time courts reporter for the Los Angeles Times; several federal appeals court judges including Marsha Berzon, Michael McConnell and Diane Wood and numerous legal scholars including Linda Greenhouse of Yale Law School, Pam Karlan of Stanford Law School and Paul Clement of Georgetown University.

"After 21 years, the Preview has become an institution in the best sense of the word. Panelists love to return and the lawyers who argue before the Supreme Court consider it an honor to be invited to the program. Of the two dozen presenters this year, 15 or so had participated in other Previews – with four journalists having participated in every Preview. And the new participants were great, including three federal court judges and Paul Clement," added Devins.

The panel discussions included a look at potential impacts of the 2008 Presidential Election on the court as well as looks at civil rights, business and election law. The Moot Court case and the panel discussion on the presidential elections were taped by C-Span for later broadcast on their "America & The Courts" series.