A Dress Rehearsal for the High Court
So I mentioned that classmate Tom Fisher, the State of Indiana's first Solicitor General, was present at this year's Moot Court competition at Wabash. Well, I sent a quick e-mail asking him what he thought about the competition that debated the very issue that he will be arguing before the High Court very soon. Here's what he wrote me:
Judging the semi-final round has become something of a tradition for me. Scott Himsel ‘85 is kind enough to ask me back every year to help grill the students hard in preparation for the finals. This year, I was also able to help take the program to a new level by inviting my old boss, Seventh Circuit Judge Michael Kanne, to participate in the finals. Unfortunately other obligations kept me from attending the finals, but I saw Judge Kanne today, and he was very impressed with the finalists.
As it happens, this is not the first time the Moot Court program has used a case that I have been involved with in real life. Years ago, the students argued the Indianapolis road block case, and I was fortunate enough to help write the City’s U.S. Supreme Court brief in that case. Last year, they did the Indiana House prayer case; I tried that case in real life. In a reversal of roles, in my first year judging the semi-final round, the students argued a Ten Commandments display case; a couple years later I became involved defending a Ten Commandments display proposed for the Indiana State House, and then later wrote a U.S. Supreme Court amicus brief defending Texas’ State House Ten Commandments display.
But this is the first time the students argued a case that I am actually preparing to argue myself in the U.S. Supreme Court, so this was a pretty special year for Wabash moot court in my view—though if you ask the students they might have preferred that I knew less about the issue! During a break at the semi-final round, Matt Griffith ‘89 asked whether any of the students were making points that I found helpful. And trite as it may sound, it really is amazing how much you can learn from a bunch of really smart young guys who don’t know much except how to think critically on their feet. The students who did well were able to handle all the obvious questions and forced all of us judges to dig deeper for more challenging issues in the case.
That is exactly what I will be spending the next 2-3 months doing anyway, so this was indeed a valuable experience for me in that regard. Plus, the great thing about doing Moot Court with college students is that they not only think outside the box, they don’t even know where the sides of the box are, or that there even is a box. One student the other night offered a theory that turned on whether a voting regulation was “active” or “passive.” I’m still not entirely certain what he meant, but he sure got me thinking about my case in a way that had never occurred to me before.
Otherwise, everything is great. I’m just trying to clear the deck for the Voter ID case. Our brief is due December 3, and the argument will probably be January 7, 8 or 9, but possibly the week after that. We have another case pending in the Supreme Court at the cert. stage where we are the petitioners. The question is whether a mentally impaired criminal defendant who has twice been declared incompetent to stand trial must be allowed to represent himself once he regains competency. As a Joseph Heller fan, you no doubt appreciate the Catch-22 quality to this: if he wants to represent himself, surely he must still be legally incompetent! Anyway, we should find out whether the Court will take that case in December.
For those who want to follow the progress of his case, it's been combined as Crawford v. Marion County Elec. Bd. and Indiana Democratic Party v. Rokita. We'll be sure to post updates when Tom argues the case. (And yes, the Rokita is none other than Todd Rokita '92, Indiana's Secretary of State.)
That is exactly what I will be spending the next 2-3 months doing anyway, so this was indeed a valuable experience for me in that regard. Plus, the great thing about doing Moot Court with college students is that they not only think outside the box, they don’t even know where the sides of the box are, or that there even is a box. One student the other night offered a theory that turned on whether a voting regulation was “active” or “passive.” I’m still not entirely certain what he meant, but he sure got me thinking about my case in a way that had never occurred to me before.
Sorry. I had to dust off that old headline from our Bachelor days. The brainchild of Matt Griffith '89, the 14th Annual Moot Court Competition took place this week. (
For those of you living and working in the Indianapolis area, you're invited to participate in a networking event for Wabash Students. The Indianapolis Association of Wabash Men and the Schroeder Center for Career Development are hosting the event that will take place at Barnes & Thornburg (
Yup. Even if the leaves have been slow to turn and the nip is not yet in the air this year, the surest sign of fall is availability of Monon Bell tickets. They just arrived in the 
Dear Fellow Classmates,
The early reports show a tremendous support of the third installment of WABASH Day over this past weekend. Like all new traditions, WABASH Day has certainly grown since its inception by Jon Pactor '71 and the NAWM. Here's the


