Lutheran College Washington Semester

Spring 2024

Syllabus for Controversy and the U.S. Supreme Court

Instructor: Cedric Bullock, Esquire

Phone: 571-229-2883

Email: [email protected]
Office Hours: 5:00 pm – 7:30 pm Mon. - Fri.

Class Meeting Day: Wednesday, 6:00 pm – 8:30 pm

Special Instructions: Masks may be worn in class at each student’s discretion.

Course Description:

This course provides students with an understanding of the role of the U.S. Supreme Court in
shaping the U.S. Constitution through its most controversial cases. It will examine the history of
the Court, discuss landmark cases and current controversial cases, and examine the human
factors that influence these decisions, including the backgrounds of the parties to, and jurists of,
the cases. This course will enable students to analyze the quality of these decisions, to appreciate
their significance in shaping the U.S. Constitution, and to logically defend or oppose them.

Course Materials:
www.scotusblog.com. Students should familiarize themselves with this website early on, as it
will likely serve as the primary resource for selecting cases for final projects.
· A list of all current Supreme Court cases with links to opinions (if already issued),
relevant lower court opinions, transcripts of oral arguments, and the full case docket can
be found here: http://www.scotusblog.com/casefiles/terms/ot2016/?sort=mname.

· For example, to find the lower court’s opinion in Advocate Health Care Network v.
Stapleton, click on the title of the case, and then click on the link “7th Cir” under the
heading “Op. Below” which should bring you here: http://www.scotusblog.com/wp-
content/uploads/2016/07/16-74-Op-Bel-7thCir.pdf.

· To find the Supreme Court’s opinion in Bosse v. Oklahoma, click on the date next to the
word “Decided” which should bring you here: https://www.supremecourt.gov/opinions/
16pdf/15-9173_q86b.pdf.

· Links to Supreme Court cases back to 2007 can be found here:

http://www.scotusblog.com/casefiles/term.

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 Another source for quickly locating Petitioner, Respondent, and Amicus briefs for current cases
is: http://www.americanbar.org/publications/preview_home/2016_2017_briefs.html.

Supreme Court opinions going back to 1791 can be found here: https://supreme.justia.com/.

The text of the U.S. Constitution can be found here: https://www.gpo.gov/fdsys/pkg/

CDOC-110hdoc50/pdf/CDOC-110hdoc50.pdf.

The text of Amendments to the U.S. Constitution can be found here:

https://www.gpo.gov/fdsys/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-7.pdf

Other helpful Supreme Court and legal websites:

www.law.cornell.edu/supct

https://www.law.cornell.edu/supct/cases/name.htm#Case_NamMwww.supremecourt.gov

www.oyez.org

https://guides.ll.georgetown.edu/bluebook/

Purpose of Course:
The purpose of this class is to give students an introduction to American constitutional law and
decisions of the U.S. Supreme Court, with a focus on landmark cases and recent controversies.
Classes will be conducted in a variety of formats, including lectures, open discussions, student
presentations, and group exercises. Students should arrive to class on time, having read the
assigned cases, prepared to actively participate in class discussion each day.

Teaching Method:
This course will include cooperative argumentative dialogue, based on asking and answering
questions to stimulate critical thinking and to draw out ideas and underlying assumptions.
Instruction will include lectures, classroom discussions, presentations, guest speakers, and group
assignments.

Learning Outcomes:
By the close of the semester, students should be able to:

• Locate Supreme Court cases through the various online databases mentioned below,
identify Supreme Court opinions, lower court opinions, and party briefs in a particular
case.
• Perform legal writing with a basic level of proficiency including case citation.
• Articulate Constitutional principles as defined by landmark Supreme Court decisions
and apply those principles to current controversies.

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 • Analyze judicial opinions, including identifying procedural posture, issues presented,
relevant facts, the court’s analysis, and the holdings in each case.
• Student learning objectives will be assessed through class participation, case briefs,
papers and the final project.

Course Requirements/Assignments:
The course requirements and assignments are incorporated into the Course Outline/Schedule
section of this syllabus.

Evaluation and Grading Scale:

There are three requirements for this course, all weighted equally.
(1) Class Participation: The vast majority of the reading for this class will consist of Supreme
Court opinions and briefs, which can be lengthy and intellectually challenging, even for seasoned
lawyers. Students are encouraged to set aside sufficient time to read, and re-read, cases. Active
and meaningful participation means being fully present in class and contributing to discussions.
Students will be evaluated on their preparation and willingness to engage constructively with the
materials and their fellow students, not on whether an answer or argument is “wrong” or “right.”
Importantly, the cases leave plenty of room for sound arguments on either side, and the legal
conclusions are rarely obvious or unassailable. Whether you agree or disagree with the court’s
(majority) opinion, try to see the opposing view (often articulated in concurrences or dissents and
opposing briefs). Think creatively about, and come to class ready to discuss, the issues and
arguments on both sides of the cases.

For each week where case readings are assigned, all students will volunteer to brief one of the
assigned cases and contribute to the discussion of that case during class. Students who have
volunteered to brief a case should expect to facilitate discussion of that case and identify areas
of disagreement among the judges and parties, open issues, policy implications, etc.

In three instances during the semester, students will submit their written case briefs to the
instructor as part of their writing grades, as described in the “Writing” section below.

As part of the class participation grade, each week all students will share something from the
news, current events, law-related or court cases of interest. Once a news topic, current event,
law-related or court case of interest is selected, each student is to locate a Supreme Court case
that addresses at least one issue raised in the selected current event. I will provide an example
of what I am looking for during our first class. This weekly requirement may be initially time
consuming. Please allocate enough time for this weekly assignment. We will discuss each
current event at the beginning of each class. We will go around the room and each student will
share something from the news, current events, law-related or cases of interest. Anything
interesting and somewhat related to the law or politics will suffice. Sources might include
news publications (e.g. New York Times, Washington Post), scotusblog, supremecourt.gov,
topics students have come across at work, etc.

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 (2) Writing: Students will submit three (3) written case briefs to the instructor during the
semester as part of the writing grade. These briefs will be graded by the instructor and returned
to students the following week. Students should ensure that their final case briefs are submitted
no later than Class 10 (the final day of case reading assignments). Students’ written case briefs
should contain only relevant information, and with as little extraneous information, as possible.
In other words, avoid filler and fluff. The object is to deliver a full picture of the procedural
posture, issues, facts, holdings, and analysis, without any unnecessary information. The
instructor will provide sample case briefs during the first week of class. Case briefs will be
graded primarily on clarity, identification of the relevant issues and arguments, and whether the
student has meaningfully engaged with the material. Unlike writing in other contexts, the
objective of legal writing is to present issues and arguments clearly and succinctly, without
excess words or unnecessary information. Students should use short, simple sentences to
distill the concepts and arguments presented in the case. No points for flowery prose.

We have a guest speaker scheduled for one class. Students will submit three questions for the
speaker prior to class. The quality and thoughtfulness of those questions will be evaluated as
part of the writing requirement.

(3) Final Presentation: By mid-semester, students should team up in pairs (one team will consist
of three students if the class roster is not even). Final presentations will occur on Class 13 and
Class 14.

Each student will submit a final presentation brief to the instructor by 5:00 p.m. on the Sunday
prior to their oral presentations. Final presentation grades will be based on the written briefs the
oral presentations.

Students who do not present on a given day will read each presenting team’s briefs and draft
questions for each presenting team that day. Questions will be submitted to the instructor prior
to class and will count towards final grades.

NOTE: For all writing assignments, including case briefs and final presentations, late
submissions will be docked one half grade for each day late (e.g. if one day late, then a B+
becomes a B). For writing assignments due at 5:00 p.m. on a particular day, anything
submitted after 5:00 p.m. will be considered one day late.

The grading scale is as follows:

Plus Regular Minus

A 100-98 97-93 92-90

B 89-87 86-83 82-80

C 79-77 76-73 72-70

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D 69-67 66-63 62-60

F 59 or lower

Attendance Policy:
Class attendance is mandatory, with the exception of one “freebee.” Each student will be given
one “freebee” absence, which may be taken for any reason (e.g. work obligations, sickness without
a doctor’s note, travel, or personal reasons) at any time. For the freebee, students should provide
at least 24 hours’ notice to the instructor if possible. Subsequent (non-freebee) absences for illness
require a doctor’s note. Subsequent (non-freebee) absences for any reason other than illness will be
authorized only under extraordinary circumstances (work or travel are not extraordinary
circumstances), prior notice to the instructor, and consent from the Dean.

Academic Integrity & Expectations:

Absolute integrity is expected of all LCWS students in all academic work that is completed
during the semester. Students may not knowingly present the work of others as their own. Any
outside assistance for coursework completed by a student must be acknowledged. Students may
not use information from the Internet or other sources without attributing it to the original source
used. Students must not in any other way violate the principle of academic integrity. LCWS
adheres to a strict honor code, which should be placed with your signature on all assignments
and written materials for your LCWS courses:

“On my honor, I have written this paper without assistance from anyone, and have properly
documented any references which I have used in the preparation of this paper.” [Your Signature]

If a student is accused by a professor or others of violating the LCWS academic integrity policy,
evidence will be presented to substantiate the charge. The student will be notified by the
professor of the charge and has the right to defend himself or herself to the professor, and to the
Dean of LCWS. An explanation of “I didn’t know” is not acceptable. Admitting wrongdoing
and taking responsibility is the most favorable course of action for the student.

Penalties for plagiarism and cheating include a grade sanction to be determined by the faculty
member, in consultation with the Dean and the student’s home institution. In the most serious
cases, violations of the LCWS academic integrity policy may result in expulsion from the
program. The decision of the Dean of LCWS is final. In the event of expulsion, the student
forfeits all payments to the Lutheran College Washington Semester, and the college from which
he or she is enrolled. Please note, in addition to the LCWS Academic Integrity Policy, the
LCWS program also adheres to the policies of each member institution. As such, any violation
of academic integrity will be reported to the student’s home institution, which might result in
additional consequences.

In addition to maintaining academic integrity in your coursework, students are expected to help
maintain a respectful classroom environment that promotes civil discourse and behavior.

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Generative Artificial Intelligence (GAI): You may use GAI tools such as ChatGPT to help
generate ideas and brainstorm. However, you should note that the material generated by these
programs may be inaccurate, incomplete, or otherwise problematic. Beware that use may also
stifle your own independent thinking and creativity. Similar to any other source, you may not
submit any GAI output as your own. If you include material produced by a GAI, it should be
cited like any other reference material (adapted from University of Pennsylvania and Harvard
University).

Accommodations for Students with Disabilities:

LCWS is committed to making reasonable accommodations for qualified students with
disabilities. Discrimination based on disability is prohibited by LCWS, as well as local and
federal laws. As such, LCWS is committed to providing equal educational opportunities for
qualified individuals with disabilities.

Students are not required to notify LCWS of a disability, either prior to or subsequent to
admission into the program. However, if a student plans to request accommodations,
documentation of the disability must be provided. Students must submit documentation from
their home institution, detailing any accommodations that are needed.

Sexual Harassment & Assault: Federal law, Title IX, and LCWS policy prohibits discrimination,
harassment, and violence based on sex and gender (including sexual harassment, sexual assault,
domestic/dating violence, stalking, sexual exploitation and retaliation). If you or someone you
know has been harassed or assaulted, you can receive confidential counseling support through
Keep Me Safe (access through the My SSP app downloaded at orientation or 1-844-451-9700,
for more information on Keep Me Safe please see the Emotional and Mental Health Resources
section of the LCWS Student Handbook) or the National Sexual Assault Telephone Hotline
(800-656-4673). Alleged violations can be reported non-confidentially to LCWS staff or faculty
members, or directly with your home campus Title IX coordinator. I will seek to keep
information you share with me private to the greatest extent possible, but as a professor I have
mandatory reporting responsibilities to share information regarding sexual misconduct and
crimes with your home campus Title IX coordinator. You can consult the LCWS Student
Handbook for more information or ask one of the LCWS staff members if you have any
questions.

Course Outline/Schedule:
The following is a weekly breakdown of the topics and readings for each class. This schedule is
subject to change based on pace of the class, current events at the Court, and availability of guest
speakers. Although assignments are generally set forth below, during each class the instructor
will confirm the readings (in parentheses next to each topic below) for the next week.

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Class 1: Introduction to Course, Structure of Courts, and How to Read and Brief a Case
· No reading assignment.
· Introductions and overview of course/syllabus.
Students should come prepared to discuss: why they chose this course; where
they are interning; and– at a high level of generality – topics in which they
are interested that have been, or are being, considered by the Supreme Court.
Students should also plan to discuss post-graduation interests including
careers, graduate school, law school, etc.
· PowerPoint lecture on the structure of the US Court System
· PowerPoint lesson on how to locate Supreme Court cases and briefs online.
· How to brief a case lecture with handout.
· Case brief exercise (at the end of class each student will forward their case brief to the
instructor)
· Time Slot sign up for Class 5 Curriculum Evaluation (signup sheet will be passed around
during class).
· Sign up to brief case for Class 2.

Class 2: Fourth Amendment Searches and Seizures

· Reading assignments:
o Read the text of the Fourth Amendment (see link to Amendments to U.S.
Constitution).
o Cases on Fourth Amendment Searches and Seizures:
Read Terry v. Ohio, 392 U.S. 1 (1968):
https://supreme.justia.com/cases/federal/us/392/1/case.html.
Read California v. Acevedo, 500 U.S. 565 (1991):
https://supreme.justia.com/cases/federal/us/500/565/case.html.
· Things to think about:
o What is a “search” and what is a “seizure”?
o What is the difference between a search warrant and an arrest warrant?
o What is the “fruit of the poisonous tree”?
o What is the “exclusionary rule”?
o Do the police need a warrant to search your bags, your car, your glove box, your
pockets?
o If not, then what standard must the police meet in order to conduct
warrantless searches?
· Weekly current events roundup.
· PowerPoint on searches and seizures under the Fourth Amendment.
· Gideon v. Wainwright/ Betts v. Brady Assignment for Class 3.
· Sign up to brief case for Class 3.

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 · Watch two Fourth Amendment discussions at: https://constitutioncenter.org/interactive-
constitution/big-question/fourth-amendment-search-and-seizure and https://youtu.be/
sKy2Ezy8oBQ

Class 3: Fifth Amendment Guarantee Against Self-Incrimination: Sixth Amendment

Right to Counsel
· Reading assignments:
o Read the texts of the Fifth and Sixth Amendments.
o Fifth Amendment guarantee against self-incrimination cases:
Read Miranda v. Arizona, 384 U.S. 436 (1966):
https://supreme.justia.com/cases/federal/us/384/436/case.html.
o Sixth Amendment right to counsel cases:
Read Betts v. Brady, 316 U.S. 455 (1942):
https://supreme.justia.com/cases/federal/us/316/455/case.html.
Read Gideon v. Wainwright, 372 U.S. 335 (1963):
https://supreme.justia.com/cases/federal/us/372/335/case.html.
· Things to think about:
o How does the presence of an attorney during an interrogation protect an
arrestee’s right against self-incrimination?
o Does the “Miranda rule” stem from the Fifth Amendment or the Sixth
Amendment?
o When Does a criminal defendant have the right to counsel under the Sixth
Amendment (initial questioning, arraignment, trial)?
o Can the police interrogate a suspect without an attorney present?
· Weekly current events roundup.
· Structure of the criminal justice system, federal crimes, state crimes, and the role of
public defenders and prosecutors lecture.
· Watch the Gideon v Wainwright documentary at: https://www.youtube.com/watch?
v=MkgcD2UkNdY&t=123s
· Sign up to brief a case for Class 4.

Class 4: Separation of Powers; Incorporation Doctrine

· Reading assignments:
o Read the text of the Fourteenth Amendment and Article One, Section 1 of the
U.S. Constitution.
o Separation of powers:
Read U.S. v. Nixon, 418 U.S. 683 (1974):
https://supreme.justia.com/cases/federal/us/418/683/case.html.
o The incorporation doctrine:
Read Benton v. Maryland, 395 U.S. 784 (1969):
https://supreme.justia.com/cases/federal/us/395/784/case.html.

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 · Classroom discussion of the separation of power and the incorporation doctrine.
· Things to think about:
o Which Amendment does the “incorporation doctrine” rely upon to hold that
various amendments in the Bill of Rights apply to the states?
o Which provisions of the Bill of Rights apply to the states?
o Where does the separation of powers come from?
o The Constitution provides that only Congress can make laws. What are the
limitations on Congress’ ability to delegate authority to Executive agencies?
· Watch the Separation of Powers video at: https://youtu.be/fVrb5mHFyvg
Longer discussion on the separation of powers can be found at: https://www.c-span.org/
video/?452005-2/branches-separation-powers
· Weekly current events roundup.
Class 5: Curriculum Evaluation
· Examination of the life of a Supreme Court Justice Assignment Handout (The
handout will be in our Google Classroom assignment folder).
· Sign up to brief case for Class 8.

Class 6: Class Field Trip to Department of Justice (hopefully, DOJ will resume tours to the
public by this date. If not, an alternative will be provided.)

Class 7: Guest Speaker Careers and Intersection of Law and Policy

· Reading assignment: review background information of guest speaker prior to class
(instructor will distribute by email).
· Writing assignment (all students): prepare three questions for the guest speaker.
Email your questions to me prior to class.
· Things to think about/potential questions for guest speaker:
o career trajectory – how did they go from school to their current jobs?
o How does current or previous position touch upon law and policy?
o What do you do day-to-day on your current job?
o Future plans – what other opportunities exist in their career
trajectory?
o What advice would you like from the guest, as to your own careers, e.g. what
opportunities are available, how to prepare for such careers, etc.?

Class 8: Right to Privacy, Substantive Due Process, and Fundamental Rights

· Reading assignments:
Read Dobbs v. Jackson Women’s Health Organization https://
www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Read Griswold v. Connecticut, 381 U.S. 479 (1965):
https://supreme.justia.com/cases/federal/us/381/479/case.html.
Read Roe v. Wade, 410 U.S. 113 (1973):
https://supreme.justia.com/cases/federal/us/410/113/case.html.

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 Read Whole Woman’s Health v. Hellerstedt, 579 U.S. (2016):
https://supreme.justia.com/cases/federal/us/579/15-274/case.pdf.
Read Lawrence v. Texas, 539 U.S. 558 (2002):
https://supreme.justia.com/cases/federal/us/539/558/case.pdf.
Read Bowers v. Hardwick, 478 U.S. 186 (1986):
https://supreme.justia.com/cases/federal/us/478/186/case.html.
· Things to think about:
o Where does substantive due process come from?
o What is a fundamental right?
o What level of “scrutiny” applies to fundamental rights and what is the “test” for
determining if the government violated a person’s fundamental rights?
· Weekly current events roundup.
· Classroom discussion on substantive Due Process and fundamental rights.
· Watch: Privacy in the digital age at: https://www.youtube.com/watch?v=PuhifEL5VsU
and
Why Privacy Matters at: https://www.youtube.com/watch?v=pcSlowAhvUk

Class 9: Religious Rights – The Free Exercise and the Establishment Clauses
· Reading assignment to be determined.
· Weekly current events roundup.
· Come to class ready to announce your final project teammates.
· Watch, a discussion about challenges to religious liberty today at: https://youtu.be/
uO-4Fm8dUr8

Equal Protection and Fundamental Rights

· Things to think about:
o What is the difference between “Equal Protection” and “Due Process”
o What level of scrutiny does the Court use to evaluate equal protection claims based on
fundamental rights (e.g. strict scrutiny, intermediate scrutiny, rational basis)? What about
non-fundamental rights?
o What are the differences between the various levels of scrutiny?
· Classroom discussion on Equal Protection and Fundamental Rights.
· Sign up to brief case for Class 10.

Instructor will email readings prior to Class 9 (Current Supreme Court Case of Interest).

Class 10: Examination of the life of a Supreme Court Justice Assignment In-Class
Presentations
· Sign up to brief case for Class 11.
· Classroom presentations.

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Class 11: Constitutional Torts and Qualified Immunity
Read Bivens v. Six Unknown Named Agents, 403 U.S. 388:
https://supreme.justia.com/cases/federal/us/403/388/case.html.
Read Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009):
https://supreme.justia.com/cases/federal/us/556/07-1015/index.pdf.

Law review article on qualified immunity handed out during Class 9.

· Things to think about:
o What is the remedy for a constitutional violation?
o Where does the remedy come from? Is it in the text of the Constitution or the
Bill or Rights?
o Do all constitutional violations have a remedy?
o Who is capable of violating an individual’s constitutional rights – any private
citizen or only government officials?
o When a person’s constitutional rights are violated, who should they sue – the
government itself or the individual federal officer? Who would be liable in
such a suit – the government or the individual officer?
· Weekly current events roundup.
· PowerPoint lecture on constitutional torts and qualified immunity.
· Sign up for individual meeting time for next week’s class and your presentation day.
Outlines will not be circulated to the class and are only to facilitate feedback during
individual meetings next week.

Class 12: Individual Meetings on Final Projects

· No reading assignment.
· Writing assignment: each student should have emailed a draft final outline to the
instructor no later than 5:00 p.m. on the Saturday, prior to the first presentations.
· Outlines will not be circulated to the class and are only to facilitate feedback
during individual meetings.
· Instructor will schedule with each person during this week a meeting to discuss
the proposed presentation.
· For those presenting on the first day of presentations, please email your final
briefs to the instructor no later than 5:00 p.m. on the Sunday, prior to the first
presentations.

Class 13: Final Presentations – Day 1

o If you are not presenting, then you should read each presenter’s final brief prior to class
(to be circulated on the previous Sunday, and be prepared to discuss. If you are
presenting, then you have no reading assignment and need not submit questions for
other presenters today.
· Writing assignment:

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 o If you are presenting, then you should have circulated your final brief to the
instructor (who will circulate to the class) no later than 5:00 p.m. on the Sunday
prior to your presentation.
o If you are not presenting, then you should submit questions (number and format
to be determined) to the instructor in hard copy at the beginning of class.
· Each team will present to the class for a total of 30 minutes – 10 minutes for each team
member, then 10 minutes for Q&A.
· For those presenting on the second day of presentations, email your final briefs
to the instructor no later than 5:00 p.m. on Saturday, prior to the first
presentations.

Class 14: Final Presentations – Day 2

· Reading assignment:
o If you are not presenting, then you should read each presenter’s final brief
prior to class (to be circulated on the Sunday, prior to the first presentations.).
o If you are presenting, then you have no reading assignment and need not
submit questions for other presenters today.
· Writing assignment:
o If you are presenting, then you should have circulated your final brief to the
instructor (who will circulate to the class) no later than 5:00 p.m. Sunday,
prior to the first presentations.
o If you are not presenting, then you should submit questions (number and
format to be determined) to the instructor in hard copy at the beginning of
class.
· Each team will present to the class for a total of 30 minutes – 10 minutes for each team
member, then 10 minutes for Q&A.

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